Madras High Court
CRP(MD)/2590/2026 of YOKKIYATHEVAR Vs THE DISTRICT COLLECTOR on 21 September 2026
CRP(MD) No. 2590 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21-09-2026
CORAM
THE HON'BLE MS.JUSTICE R. POORNIMA
CRP(MD) No. 2590 of 2026
CNR:{HCMD011204572026}
in CMP(MD)No.12847 of 2026
Yokkiyathevar
S/o.Late.Chokkathevar,
Door No.4/109, Peranai Main Road,
Mattaparai Village,Nilakottai Taluk,
Dindigul District.
..Petitioner(s)
Vs
1. The District Collector
Dindigul District Collector Office, Dindigul.
2. The Tahsildar
Nilakottai Taluk Office, Nilakottai, Dindigul District.
3. The Assistant Divisional Engineer,
Highway, Batalagundu,
Nilakottai Taluk, Dindigul District.
4. The Assistant Engineer
Highway, Kodairoad,
Nilakottai Taluk, Dindigul District.
5. Asohan
6. Pandi
7. Mani
8. Parameshwaran
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records in pertaining to the order made in I.A.No.6 of 2026 in O.S.No.82 of 2022 dated 22.04.2026 on the file of the District Munsif Court, Nilakottai and set aside the same and thus render justice.
CRP(MD) No. 2590 of 2026
For Petitioner(s) : Mr.T. Vadivelan
For Respondent(s) : Mr.I.Pinaygash
Special Government Pleader for R1 to R4
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ORDER
This petition has been filed to quash the order passed by the District Munsif Court, Nilakottai, in I.A.No.6 of 2026 in O.S.No.82 of 2022 dated 22.04.2026.
2. The petitioner is the plaintiff in O.S.No.82 of 2022, which was filed before the District Munsif Court, Nilakottai, seeking a permanent injunction restraining the respondents from disturbing the petitioner's peaceful possession and enjoyment of the suit schedule property. During the pendency of the suit, the petitioner filed a petition seeking appointment of an Advocate Commissioner to measure the property and file a report along with a plan. Accordingly, the Commissioner inspected the property and filed his report on 13.12.2025. In the suit schedule, the survey number of the property has been mentioned as S.F.No.90/2. However, in the Commissioner's report, it was mentioned that the survey number of the suit schedule property is S.F.No.90/3. Therefore, the petitioner filed an interlocutory application in I.A.No.6 of 2026 under Order VI Rule 17 of the Code of Civil Procedure, seeking to amend the survey number as “S.F.No.90/3” instead of “S.F.No.90/2”. The respondents raised their objections, and the Trial Court dismissed the said petition on
CRP(MD) No. 2590 of 2026 22.04.2026, observing that the property comprised in S.F.No.90/3 is the Government poramboke land.
3. Challenging the said order, the present petition has been filed by the petitioner.
4. The learned Special Government Pleader appearing for the respondents 1 to 4.
5. On a careful perusal of the records and the plaint in O.S.No.82 of 2022, it is seen that the petitioner himself filed the suit before the District Munsif Court, Nilakottai, contending that he is residing on Government poramboke land and has also constructed a building thereon, for which he has been paying the necessary taxes. According to the petitioner, the defendants, who are Government officials, directed him to vacate the premises. Therefore, he filed the suit seeking a permanent injunction restraining the defendants from disturbing his peaceful possession and enjoyment of the property.
6. In the Commissioner's report, it has been mentioned that the suit schedule property bearing S.F.No.90/3 belongs to the Highways Department and that the said property is Government poramboke land. The petitioner only seeks to mention the correct survey number. He has not claimed that he is
CRP(MD) No. 2590 of 2026 residing on patta land. Even in the suit schedule, he has stated that he is in occupation of Government poramboke land. Therefore, the contention of the Trial Court that the survey number mentioned as S.F.No.90/3 refers to Government poramboke land is not, by itself, a valid ground for rejecting the amendment application. The said land falls under the purview of the Highways Department. In any event, the petitioner seeks to correct only the survey number, and he has already filed the suit against the Government officials. Hence, no prejudice would be caused to the respondents by allowing the amendment.
7. Considering the above circumstances, the order passed by the District Munsif Court, Nilakottai, in I.A.No.6 of 2026 in O.S.No.82 of 2022, dated 22.04.2026, is hereby set aside, and the Civil Miscellaneous Petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed.
8. The petitioner is permitted to amend the survey number as prayed for. 21-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSS
CRP(MD) No. 2590 of 2026 To
1. The District Munsif Court, Nilakottai.
2. The District Collector Dindigul District Collector Office, Dindigul.
3. The Tahsildar Nilakottai Taluk Office,Nilakottai, Dindigul District.
4. The Assistant Divisional Engineer, Highway,Batalagundu, Nilakottai Taluk, Dindigul District.
5. The Assistant Engineer Highway,Kodairoad, Nilakottai Taluk, Dindigul District.
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
7. The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
CRP(MD) No. 2590 of 2026 R.POORNIMA, J. dss CRP(MD) No. 2590 of 2026 in CMP(MD)No.12847 of 2026 21-09-2026