Madras High Court
The State Of Tamil Nadu vs K.Shanmugam on 9 September, 2025
CRP.No.1310 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-09-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CRP No. 1310 of 2025
AND
CMP NO. 7791 OF 2025
1. The State Of Tamil Nadu
Represented By The District
Collector, Erode District, Erode.
2.The Revenue Divisional Officer
Erode.
3.The Tahsildar
Erode.
Petitioner(s)
Vs
1. K.Shanmugam
S/o. Karuppana Gounder, Srinivasa
Street, Kallukkadai Medu, Erode-1,
Erode Dist.
Respondent(s)
CMP No. 7791 of 2025
1. The State Of Tamil Nadu
Represented By The District
Collector, Erode District, Erode.
2.The Revenue Divisional Officer
Erode.
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CRP.No.1310 of 2025
3.The Tahsildar
Erode.
Petitioner(s)
Vs
1. K.Shanmugam
S/o. Karuppana Gounder, Srinivasa
Street, Kallukkadai Medu, Erode-1,
Erode Dist.
Respondent(s)
CRP No. 1310 of 2025
PRAYER
To Set aside the Order dated 14.07.2023 EP No. 56 of 2022 in OS No. 7 of
2011 on the file of Learned Principal District Munsif Court, Erode
CMP No. 7791 of 2025
PRAYER
To stay all further proceedings in EP No. 56 of 2022 in OS No. 7 of 2011
dated 14.07.2023 on the file of Principal District Munsif Court, Erode
CRP No. 1310 of 2025 and CMP.No.7791 of 2025
For Petitioner(s): Mr.R.Ramanlaal
Additional Advocate General,
Assisted by Mrs.R.Anitha
Special Government Pleader
and Mr.T.Arun Kumar,
Additional Government Pleader
For Respondent(s): Mr. T.Balaji for
Mr.A.Thiyagarajan
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CRP.No.1310 of 2025
ORDER
Heard Mr.R.Ramanlaal, the learned Additional Advocate General
appearing for the petitioners and Mr.T.Balaji the learned counsel for the
respondent.
2. The revision is at the instance of the Judgment Debtors in the
execution petition in E.P.No.56 of 2022 in O.S.No.7 of 2011 before the
learned Principal District Munsif, Erode.
3. The respondent/plaintiff has filed O.S.No.7 of 2011 seeking the
relief of mandatory injunction to direct the revision petitioners to effect
mutation of revenue records in the name of the plaintiff. The said suit came
to be decreed on 10.10.2011.
4. According to Mr.R.Ramanlaal, learned Additional Advocate
General, appearing for the petitioners, the execution petition was filed only
on 28.07.2022 and the Limitation Act imposes a term of only three years for
executing a decree for mandatory injunction and admittedly, the execution
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petition has not been filed within the prescribed period of Limitation. He
has referred to Article 135 of Limitation Act in this regard, which is
extracted here under:
Limitation Act, 1963
Description of Suit Period of Time for which period begins
limitation to run
For the enforcement Three Years The date of the decree or
of a decree granting where a date is fixed for
a mandatory injunction performance, such date
5. He would therefore state that the execution petition itself is not
maintainable and therefore the order of arrest passed by the executing Court
is also bad in law and liable to be set aside. It is also state that subject suit
property is water body.
6. Per contra, the learned counsel appearing for the respondent states
that though the decree was passed on 10.10.2011 and a third party
challenged the said decree by filing a suit in O.S.No.51 of 2012 before the
Principal District Munsif Court, Erode and subsequently, the suit came to be
dismissed and the petitioner had approached the Revenue Divisional Officer
who had also recommended for issuance of patta to the plaintiff, in
proceedings vide NA.KA.No.9824/2014/A7 dated 26.09.2014. He would
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therefore state that the execution petition is within time and cannot be
dismissed on the ground of being barred by limitation.
7. I have carefully considered the submissions advanced by the
learned Additional Advocate General appearing for the petitioners and the
learned counsel for the respondent.
8. As already discussed, the decree was passed in O.S.No.7 of 2010
on 10.10.2011 and in terms of Article 135 of the Limitation Act, the decree
for mandatory injunction has to be executed within a period of three years
from the date of the decree, or where a date is fixed for performance, such
date. Admittedly, in the present case, no date has been fixed for
performance and therefore the time available for executing the decree would
consequently be three years from the date of decree i.e., 10.10.2011.
Admittedly, the execution petition has been filed only on 28.07.2022,
beyond the period of three years prescribed under Article 135 of Limitation
Act.
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9. In view of the above, there is clear a bar for the Decree Holder to
execute the decree and therefore the executing Court ought not to have
proceeded to hear the execution petition and pass order of arrest.
10. In view of the above, I am inclined to set aside the impugned
order dated 14.07.2023 in EP.No.56 of 2022 and also hold that the
execution petition is time barred and not maintainable in law. Hence, the
execution petition stands dismissed. However, the learned counsel for the
respondent/plaintiff seeks for liberty to move the Writ Court in view of the
recommendation of the Revenue Divisional Officer and pursue his remedy
in Writ Jurisdiction. It is open to the petitioners to move the Writ Court for
appropriate relief, in accordance with law.
11. In the result, this Civil Revision Petition is allowed. There shall
be no order as to costs. Consequently, the connected miscellaneous petition
is closed.
09-09-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
Vv
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To
The Principal District Munsif Court, Erode
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P.B.BALAJI J.
AND CMP NO. 7791
OF 2025
09.09.2025
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