IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Chief Executive Officer, Coonoor – Appellant
Versus
G. Venu – Respondent
ORDER :
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, 1950, praying to set aside the Dismissal Order dated September 05, 2023 passed by 'the District Judge of The Nilgiris at Udhagamandalam' ['learned Trial Judge' for convenience] in a petition filed under Order VII Rule 11(a) and (d) of 'the Code of Civil Procedure, 1908' ['CPC' for short] in I.A. No.1 of 2022 in O.S. No.66 of 2022, by the Petitioners therein.
2. The Revision Petitioners herein are the Defendants in the Suit in O.S. No.66 of 2022. The Respondent herein is the Plaintiff therein. For the sake of convenience and clarity, the parties will hereinafter be referred to as per their array in the Original Suit.
3. The Plaintiff filed the aforesaid Original Suit seeking a decree for compensation, for mandatory injunction directing the 1st Defendant to permit the Plaintiff to renovate and replaster the suit property and for costs.
4. The Defendants, after receiving summons, filed an application seeking to reject the plaint for the reason that the plaint is barred as per Section 250 of 'the Cantonments Act, 2006' (hereinafter 'the Cantonments Act').
5. The Plaintiff filed a counter, sum an
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Civil courts retain jurisdiction to adjudicate claims for natural justice violations, despite statutory bars under the Cantonments Act.
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De-sealing of property – Writ of mandamus in absence of any legal right, cannot be granted – Question of de-sealing can be agitated in pending Civil Suit.
Occupancy rights enable a party to seek a mandatory injunction against unauthorized construction without needing to establish title, emphasizing compliance with municipal laws.
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