Shanmugaraj v. Marimuthupandian.P

Madras HC29 Jul 2026REV.APLW(MD)/3/2021

Case brief

AI extract

What is this about?

Keywords: review application; Order 47 Rules 1 and 2 CPC; W.P(MD)No.7942 of 2020; encroachment removal; public land versus community land; Survey No.341/2; North Ilanthaikulam Village; Kayathar Taluk; Thoothukudi; O.S.No.112 of 2020; Sub Court Kovilpatti; declaration of title; injunction; decree under appeal; restraint on adverse action pending finality of title litigation; Madurai Bench of Madras High Court; disposed with clarification, no costs.

What did the court decide?

Clarification that the respondents may await the finality of the appeal in O.S.No.112 of 2020 before taking any action adverse to the review applicants; review application disposed of with no costs; connected miscellaneous petition closed. ¶¶29

Shanmugaraj Vs Marimuthupandian.P — Madras HC (2026) — LawSathi Research

¶1

REV.APLC(MD)No.3 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 29.07.2026

¶4

CORAM:

¶5

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

¶6

REV.APLC(MD)No.3 of 2021 and CMP(MD)No.1531 of 2021

¶7

Shanmugaraj

¶8

Ganapathy

¶9

... Petitioners

¶10

Vs.

¶11

P.Marimuthupandian

¶12

The District Collector, Thoothukudi District, Thoothukudi.

¶13

The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

¶14

The Tahsildar, Kayathar, Thoothukudi District.

¶15

Chellappa

¶16

... Respondents

¶17

PRAYER:- Review Petition filed under under Order 47 Rules 1 and 2 of the Civil Procedure Code, to review the order dated 14.08.2020 made in W.P(MD)No.7942 of 2020.

¶18

1/4

¶19

https://www.mhc.tn.gov.in/judis

¶20

REV.APLC(MD)No.3 of 2021

¶21

For Petitioners : M/s.N.Madhangi for Mr.I.Suthakaran For R2 to R4 : Mr.M.P.Senthil, Counsel for State

¶22

ORDER

¶23

(Order of the Court was delivered by C.V.KARTHIKEYAN, J.)

¶24

The 4^th and 6^th respondents in W.P(MD)No.7942 of 2020 have

¶25

filed the present review application relating to the order dated 14.08.2020 passed by a Co-ordinate Division Bench. The said writ petition had been filed seeking a direction against the present petitioners by stating that they were in occupation of public lands in Survey No.341/2, North Ilanthaikulam Village, Kayathar Taluk, Thoothukudi District and seeking removal of such encroachment. It is contended by the learned counsel that the land in question is not public land, but the land belonging to a community. Even otherwise, it is contended that the review applicants had filed a suit in O.S.No.112 of 2020 before the Sub Court, Kovilpatti, seeking declaration of title and injunction. The review applicants have suffered a decree but have filed appeal. We would only clarify that the respondents may await the finality of the said litigation before taking any action adverse to the interest of the review applicants.

¶26

2/4

¶27

https://www.mhc.tn.gov.in/judis

¶28

REV.APLC(MD)No.3 of 2021

¶29