LAWS(MAD)-2023-3-50

B.VASUGI Vs. TAHSILDAR

Decided On March 08, 2023
B.Vasugi Appellant
V/S
TAHSILDAR Respondents

JUDGEMENT

(1.) The revision petitioner herein is the plaintiff in O.S.No.76 of 2015 on the file of the District Munsif cum Judicial Magistrate Court, Pennagaram. The suit is laid for an injunction seeking to restrain the defendants / the officials of the State from laying pathway in the private property of the plaintiff. If is further alleged that defendants 1 to 4 are keen to form a pathway for the benefit of the 5th defendant, a certain Joseph and the other villagers who he represents.

(2.) Heard both sides. On a perusal of the order passed in I.A.No.553/2017 and I.A.No.554 of 2017 is concerned, this Court finds that the learned trial Judge has exercised his discretion fairly. Indeed, he has taken into account the fact that the defendants have filed the written statement. Therefore, this Court does not want to interfere with that portion of the orders of the trial Court allowing I.A.No.553/2017 and I.A.No.554/2017.

(3.) One negligence of the defendants 1 to 4 has created considerable inconvenience not only to the plaintiff, but also to the legal system. It is time these officials take greater caution in setting themselves as role models and to conduct their affairs vis-a-vis any litigation before the Court for other litigants to emulate. Hence, this Court even as it allows CRP.No.3298 of 2019, orders an additional cost of Rs.2,000.00 on the review petition, besides confirming the cost of Rs.2,000.00 each ordered by the trial Court in I.A.No.553/2017 and I.A.No.554/2017. The defendants are required to pay the plaintiff a total sum of Rs.6,000.00 on or before 27/3/2023, failing which, the order passed in I.A.No.553/2017 and I.A.No.554/2017 will stand dismissed.