Madras High Court
S.Shanthini vs The Methukummal Village Panchayat on 2 June, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
C.R..P.(PD)(MD).No.1514 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
C.R.P(PD)(MD)No.1514 of 2025
and
C.M.P.(MD)No.7616 of 2025
1.S.Shanthini
2.Satheesh
3.Satheeja Santhi
4.Jebasanthi ... Petitioners
Vs.
1.The Methukummal Village Panchayat,
Represented by its President,
Methukummal P.O., Killiyoor Taluk,
Kanyakumari District.
2.The Block Development Officer,
Munchirai at Panchayat Union,
Munchirai & P.O., Killiyoor Taluk,
Pudukkottai District.
3.The State of Tamil nadu,
Represented by its District Collector,
Kanyakumari, Nagercoil,
Agasteeswaram Taluk
Kanyakumari District.
4.The Assistant Divisional Engineer,
Highways, Construction and maintenance,
Kuzhithurai & P.O., Pin-629 163,
Kanyakumari District. ... Respondents
1/7
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C.R..P.(PD)(MD).No.1514 of 2025
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, to set aside the judgment and decree passed in C.M.A.No.2 of 2023
dated 07.03.2025 on the file of the Sub Court, Kuzhithurai reversing the order
and decreetal order passed in I.A.No.2 of 2022 in O.S.No.117 of 2022 dated
23.01.2023 on the file of the Principal District Munsif Court, Kuzhithiruai.
For Petitioners : Mr.P.S.Ganesan
For Respondents : Mr.B.Saravanan
Additional Government Pleader
ORDER
This Civil Revision Petition is filed challenging the judgment and
decree passed in C.M.A.No.2 of 2023 dated 07.03.2025 on the file of the Sub
Court, Kuzhithurai reversing the order and decreetal order passed in I.A.No.2
of 2022 in O.S.No.117 of 2022 dated 23.01.2023 on the file of the Principal
District Munsif Court, Kuzhithiruai.
2.The petitioners as plaintiffs filed a suit for permanent injunction in
O.S.No.117 of 2022 on the file of the Principal District Munsif Court,
Kuzhithurai restraining the respondents from constructing Anganwadi Centre
or Children Park in Survey No.327, Kulappuram Village, in front of a portion
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C.R..P.(PD)(MD).No.1514 of 2025
of the petitioners 'A' Schedule property obstructing free usage of the said
property and also free access of national highway. The trial Court granted an
order of interim injunction in favour of the petitioners in I.A.No.2 of 2022.
Challenging the same, the respondents herein filed an appeal before Sub
Court, Kuzhithurai in C.M.A.No.2 of 2023. The Lower Appellate Court
allowed the said appeal on 07.03.2025 by setting aside the interim order
granted in favour of the petitioners. Challenging the same, the petitioners
have preferred the present Civil Revision Petition.
3.The learned counsel appearing for the petitioners submits that the
petitioners are the owners of 'A' Scheduled property. They are using 'B'
scheduled property as a pathway to reach the national highway for time
immemorial. The respondents are now trying to put up a construction in the
'B' Schedule property obstructing the petitioners from using the said property
as pathway to reach the national highways, which is not permissible. Even as
per the revenue records, the subject property is classified as 'Arasu
Poromboke'. When the classification of the property itself is as Government
Poromboke, constructing Anganwadi Centre in the said property is uncertain.
The trial Court after considering all these aspects, has granted an order of
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C.R..P.(PD)(MD).No.1514 of 2025
interim injunction in favour of the petitioners. However, the lower Appellate
Court reversed the said order.
4.The learned counsel for the petitioners further submits that if the
Anganwadi Centre is allowed to be constructed, then there will be no purpose
for the suit filed by the petitioners. Hence, he prays that till the disposal of
the civil suit, status quo shall be maintained.
5.The learned counsel for the respondents submits that admittedly, 'B'
schedule property is classified as Government promboke land. Hence, the
Government is entitled to make use of the said property by all means. The
Lower Appellate Court has rightly appreciated the said aspect and set aside
the order of interim injunction granted by the trial Court. Hence, he prays for
dismissal of this revision petition.
6.Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondents.
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C.R..P.(PD)(MD).No.1514 of 2025
7.The petitioners/plaintiffs own 'A' schedule property and they claim
that 'B' schedule property is used as 'vandipathai' to reach Highways.
Whereas, the respondents claim that the land in 'B' schedule is classified as
Arasu Poromboke. However, as per the observation made by the trial Court,
the said Government Poromboke land is used as 'vandipathai'. Whereas the
Lower Appellate Court arrived at a conclusion that the land is classified as
Government Poromboke.
8.In view of the above said confusion, if the order of the First Appellate
Court is allowed to be continued, it will cause great prejudice to the
petitioners/ plaintiffs. If the respondents construct the Anganwadi center in
the property in question, then the suit itself will become infructuous.
Accordingly, the judgment and decree passed by the Sub Court, Kuzhithurai
in C.M.A.No.2 of 2023 is set aside. In order to maintain the balance of
convenience between the petitioners and the respondents, this Court is
inclined to issue a direction to the trial Court to dispose of the suit within a
period of six months from the date of receipt of a copy of this order. Till such
time, the respondents are directed to maintain status quo.
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C.R..P.(PD)(MD).No.1514 of 2025
9.This Civil Revision Petition is allowed on the above terms. No costs.
Consequently, connected miscellaneous petition is closed.
02.06.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
ta
To
1.The Sub Court, Kuzhithurai.
2.The Principal District Munsif Court,
Kuzhithiruai.
3. The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court,
Madurai.
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C.R..P.(PD)(MD).No.1514 of 2025
M.DHANDAPANI,J.
ta
C.R.P.(PD)(MD)No.1514 of 2025
02.06.2025
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