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2025 Supreme(Online)(Mad) 10737

MADRAS HIGH COURT
N. Sathish Kumar, J.
Pradeep Kumar v. Orappam Village Peoples Development Welfare Association
C. R. P. No. 2963 of 2024



1. Revision has been filed under Art.227 of the Constitution of India seeking to strike out the plaint in O.S.No.75 of 2024 filed by the plaintiff on the ground of abuse of process of law and to circumvent the order of the First Bench of this Court passed in respect of the very same relief.

2. The plaint has been filed by Orappam Village People's Development Welfare association registered on 30.10.2023. The plaint proceeded as if originally an extent of 1.22.5 hectares in S.No.303 Government poromboke property was classified as Grama Natham and Orappam Village as per Survey Land Register in the year 1960. Subsequently, the said land was sub-divided as S.No.303/1 with an extent of 0.36.5 hectare classified as Grama Natham and S.No.303/2 with an extent of 0.02.0 hectare standing in the name of the Panchayat and S.No.303/3 with an extent of 0.84.0 hectare standing in the name of the Orappam village.

3. In S.No.303/1 90 cents were under the possession and enjoyment of the people of the Orappam village for several decades and that there was a mariyamman temple and vinayagar temple, wherein, festivals were conducted periodically.

4. The property in S.No.304/5 with an extent of 0.72.5 hectare, 1.79 acres were classified as Santhaipettai and in the said land, the general public of the Orappam village conducted "Santhai (weekly market)" every Wednesday. The land in S.No.303/1 classified as Grama Natham and S.No.304/5 classified as SanthaiPettai were being used by the general public of Orappam village.

5. According to the plaintiff, originally, the above lands were used as a Chathiram 100 years back and the maintenance and administration of the Chathiram was handed over to one Maruthapalli Mittadarar Kalayana Sundara Banthulu and after independence it was in the public usage without any interference. After the enactment of the Land Reforms Act, the village people residing in the said village. The land in S.No.303/1 was declared as Grama Natham as per survey land register extract in the year 1960. The property in S.No.304/5 is used as a Market Place since the British rule. Further, as per Updating of Registry (UDR) scheme in the year 1984, the above property in S.No.303/1, an extent of 0.90 cents wrongly classified as Ryotwari Dry land and mutated in the name of T. Kalyanasundara Bandulu under patta No.338. The above property in S.No.304/5 an extent of 1.79 acres wrongly classified as Ryotwari dry land and mutated in the name of T.Kalyanasundara Bandulu under patta No.338. Subsequently, the above said properties were included in patta No.217 in the name of T.Kalyanasundara Bandulu along with other properties.

6. The Government acquired part of the properties in the above S.Nos.303/1 and 304/5 for the purpose of forming of National Highways Road. S.No.303/1 has been sub-divided as S.No.303/1A extent of 0.03.55 hectare, S.No.303/1B1, extent of 0.05.56 hectare and 303/1B1, extent of 0.27.39 hectare. The above said S.No.303/1A and 303/1B1 were classified as National highway road. S.No.303/1B2 wrongly mutated in the name of defendants 1 and 2. Similarly, property in S.No.304/5 had been subdivided as S.No.304/5A extent of 0.07.50 and classified the same as National Highway road and S.No.304/5B extent of 0.650 hectare and wrongly mutated in the name of the defendants 1 and 2.

7. Further, all these years the general public of Orappam village were under the impression that the above said properties in S.No.303/1 is Grama Natham and S.No.304/5 is Sandhai Pettai and thereby they have been in possession and enjoyment of the same. The plaintiffs and the general public of Orappam village were not known about the said classification of the properties in S.No.303/1 and 304/5 and mutation of the same in the name of defendants 1 and 2. In fact, the defendants 1 and 2 have never come to the suit schedule mentioned properties and they never been in possession and enjoyment of the same. All of sudden in the month of July 2021, the defendants 1 and 2 along wi






























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