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2021 DAILYLAW 4212 (MAD)

Shanmugaraj v. MARIMUTHUPANDIAN.P

REV.APLW(MD)/3/2021 · 2026-07-29

C V Karthikeyan, R Sakthivel

Transfer Petitionbody2021

Judgment text

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REV.APLC(MD)No.3 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2026 CORAM: THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL REV.APLC(MD)No.3 of 2021 and CMP(MD)No.1531 of 2021 1. Shanmugaraj 2. Ganapathy ... Petitioners Vs. 1. P.Marimuthupandian 2. The District Collector, Thoothukudi District, Thoothukudi. 3. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 4. The Tahsildar, Kayathar, Thoothukudi District. 5. Chellappa ... Respondents 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. 1/4 https://www.mhc.tn.gov.in/judis REV.APLC(MD)No.3 of 2021 For Petitioners : M/s.N.Madhangi for Mr.I.Suthakaran For R2 to R4 : Mr.M.P.Senthil, Counsel for State ORDER (Order of the Court was delivered by C.V.KARTHIKEYAN, J.) The 4th and 6th respondents in W.P(MD)No.7942 of 2020 have 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. 2/4 https://www.mhc.tn.gov.in/judis REV.APLC(MD)No.3 of 2021 2. The Review Application stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [C.V.K., J.] & [R.S.V., J.] 29.07.2026 bala To 1. The District Collector, Thoothukudi District, Thoothukudi. 2. The Revenue Divisional Officer, Kovilpatti, Thoothukudi District. 3. The Tahsildar, Kayathar, Thoothukudi District. 3/4 https://www.mhc.tn.gov.in/judis REV.APLC(MD)No.3 of 2021 C.V. KARTHIKEYAN, J. AND R.SAKTHIVEL, J. bala REV.APLC(MD)No.3 of 2021 29.07.2026 4/4 https://www.mhc.tn.gov.in/judis