Irudaya Mary vs The District Revenue Officer
2022 Latest Caselaw 7470 Mad

                                                                       C.R.P(MD).No.804 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 08.04.2022

                                                      CORAM

                                  THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                           CRP(MD).No. 804 of 2022


                    Irudaya Mary                                          .. Petitioner
                                                    Vs.

                    1.The District Revenue Officer,
                    District Revenue Officer,
                    Sivagangai.

                    2.Revenue Divisional officer,
                    Revenue Divisional Office,
                    Devakottai.

                    3.The Tahsildar,
                    Karaikudi.                                            .. Respondents



                    Prayer: This Civil Revision Petition is filed under Article 227 of the

                    Constitution of India to call for the records of the District Munsif,

                    Karaikudi made in O.S.Sr.No.122 of 2022 and set aside the order of

                    rejection, dated 25.03.2022.




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https://www.mhc.tn.gov.in/judis
                                                                               C.R.P(MD).No.804 of 2022


                                  For Petitioner      ...   Mr.P. Saravanakumar

                                  For Respondent      ...   Mr. A. Kannan

                                                      Additional Government Pleader



                                                      ORDER

The revision petitioner / plaintiff has filed this revision to set

aside the rejection order, dated 25.03.2022 passed by the District Munsif,

Karaikudi made in un numbered O.S.Sr.No.122 of 2022.

2. Heard the learned counsel appearing for the petitioner.

Since no adverse order passed against the respondents, notice to the

respondents is not necessary.

3. The revision petitioner / plaintiff has filed the said suit for

issuing a patta in his name and also the assignment order, after calculating

the value of the property and the same was rejected on the ground that as

per Section 14 of the Tamil Nadu Land Encroachment Act, there is an

express bar to entertain the civil suit of this kind.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.804 of 2022

4. The District Munsif has also referred the Judgment of this

Court made in Law Finder ID: 865386, between (Ranjene Venkatraman

Vs. District Collector, Thanjavur) wherein it is held that when the

authorities have taken steps under the Tamil Nadu Land Encroachment

Act, the suit itself is not maintainable as the jurisdiction of the civil court is

ousted under Section 14 of the Act and also as per Section 9 of CPC the

Civil Court jurisdiction is also barred. So, the District Munsif has rightly

rejected the plaint and hence, this Court has not find any valid reason to

interfere with order passed by the Court below.

5. Accordingly, this Civil Revision Petition is dismissed. No

costs. Consequently, the connected Miscellaneous Petition is closed.

08.04.2022

trp Index :yes/No Internet:yes/No

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.804 of 2022

S. ANANTHI, J.,

trp

To

The District Munsif, Karaikudi.

CRP(MD).No. 804 of 2022

08.04.2022

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