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Madras High Court
V.M.Kaliyaperumal vs The Tahsildar on 21 January, 2026
CRP Nos.3652 and 3656 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2026
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI
CRP No.3652 and 3656 of 2025 and CMP No.19641 of 2025
V.M.Kaliyaperumal ... Petitioner in both the revisions
Vs.
1. The Tahsildar,
Mannargudi Taluk Office,
Mannargudi, Tiruvarur District.
2. The District Collector,
Tiruvarur District, Vilalamal,
O/o The District Collector,
Tiruvarur and District …. Respondents in both the revisions
Prayer: Civil Revision Petitions filed under Section 115 of Civil Procedure
Code against the order and decree made in I.A.Nos.1 and 2 of 2024 in
O.S.No.102 of 2012 on the file of Subordinate Court, Mannargudi District
dated 21.07.2025.
For Petitioner : Mr.K.A.Ravindran
For Respondents : Mr.A.Anandan
Govt.Advocate
1/6
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CRP Nos.3652 and 3656 of 2025
COMMON ORDER
The revision petitioner is the plaintiff in O.S.No.102 of 2012 on the
file of Subordinate Court, Mannargudi. The suit was filed for the relief of
permanent injunction to restrain the respondents herein, as defendants, from
interfering with the plaintiff’s peaceful possession and enjoyment of the
property, except by due process of law. The said suit came to be decreed
exparte by the trial court. However, an application came to be filed by the
respondents, to set aside the exparte decree, together with an application to
condone the delay of 3940 days. The said applications have been allowed by
the trial Court, directing cost of Rs.5,000/- to be paid to the revision
petitioner. Challenging the said orders, the present revisions have been filed.
2. Learned counsel for the revision petitioner would invite my
attention to the judgment and decree passed by the trial Court, where the
respondents were very much represented by a counsel and only for non-
filing of written statement they were set exparte and therefore, it was not
open to the respondents to claim that they had no knowledge of the exparte
decree. He would further state that the delay has not been satisfactorily
explained and despite the said fact, the trial court, on erroneous
consideration, has proceeded to condone the delay. Therefore, he would pray
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for the revision being allowed.
3. Per contra, learned Government Advocate brings to my notice that
the petitioner himself has filed a suit in O.S.No.114 of 2025, which is
pending before District Munsif Court, Mannargudi and he would further
state that the respondents were constrained to take out an application to
condone the delay as well as to set aside the exparte decree only because the
suit property is Sarkar Poramboke Road over which the plaintiff cannot
claim any right whatsoever. He would therefore state that it is only in the
interest of protecting Government property, the trial court has allowed the
applications and the order does not call for any interference.
4. I have carefully considered the submissions made by the learned
counsel on either side and perused the materials available on record.
5. It is not in dispute that in the suit filed by the petitioner in
O.S.No.102 of 2012, the relief sought for the petitioner was only for a
permanent injunction to restrain the defendants, respondents herein not to
interfere with the petitioner’s peaceful possession and enjoyment of the
property, except by due process of law. In the said suit, the respondents have
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CRP Nos.3652 and 3656 of 2025
admittedly entered appearance and have not chosen to file any written
statement. The trial Court has proceeded to pass exparte judgment in the
presence of the learned counsel for the respondents and thereafter, no steps
have been taken by the respondents to have the exparte decree set aside.
6. On the contrary, after a lapse of 11 years, applications have been
filed to set aside the exparte decree, along with an application to condone the
delay of 3940 days. The trial court, without seeing whether sufficient cause
has been made out or satisfactory reasons have been assigned, has gone into
the merits of the contentions of the respondents that the lands are Sarkar
Poramboke Roads and has thought it necessary to afford an opportunity to
the respondents to contest the suit on merits.
7. The decree granted is admittedly one which restrains the
respondents from interfering with the petitioner’s peaceful possession and
enjoyment, except by due process of law. The said decree will not come in
the way of the respondents taking action in accordance with law. According
to the respondents, the lands are Sarkar Poramboke Road portion. In any
event, today, there is a suit pending in O.S.No.114 of 2025 on the file of
District Munsif Court, Mannargudi and the respondents have been arrayed as
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CRP Nos.3652 and 3656 of 2025
defendants . The contentious issues can be very well decided in O.S.No.114
of 2025.
8. In the light of the above, it would suffice to allow these revision
petitions, setting aside the order condoning the delay of 3940 days since the
issues can be gone into O.S.No.114 of 2025 and it is needless to state that
subject to the outcome of O.S.No.114 of 2025, the respondents are always at
liberty to take action against the revision petitioner. The exparte decree will
not come in the way of the respondents.
9. With the above observations, both the civil revision petitions are
allowed. No costs. Consequently, connected miscellaneous petition is closed.
21.01.2026
Neutral Citation: Yes/No
Speaking Order/Non-speaking Order
Index : Yes / No
sr
P.B.BALAJI.,J
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CRP Nos.3652 and 3656 of 2025
sr
To
1. The Subordinate Court, Mananrgudi
2. The District Munsif Court, Mannargudi
CRP Nos.3652 and 3656 of 2025
21.01.2026
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