STATE OF TAMIL NADU Vs. B ANANDAIAH

JUDGEMENT

(1.) Heard the learned Advocate General along with Sri D.G. Prabhakaran, appearing on behalf of the petitioners and Sri P.V. Vidya Sagar and Sri M. Venkat Ramana Reddy, learned counsel for the respondents and at their request, the main revision itself is taken up for disposal.

(2.) In this revision filed under Section 115 C.P.C., the petitioners, the State of Tamil Nadu and two other Forest Officials of that State, who are defendants 1 to 3, seek to assail the order dated 20-2-2003 in O.S.No.217of 2001, on thefileofthe Principal Senior Civil Judge, Chittoor rejecting the request of the petitioners to decide the issue of jurisdiction as a preliminary issue.

(3.) Few facts, which are necessary for disposal of this revision are that the respondents/plaintiffs, who are residents of Kanathala tank and surrounding villages, filed a comprehensive suit seeking for declaration that the suit schedule property consisting of 2584 acres is part of Kanathala Cheruvu and part of Chittoor District of Andhra Pradesh and consequently for permanent injunction restraining the defendants from interfering with the suit property. The District Collector, Chittoor and the concerned Mandal Revenue Officer are added as the defendants 4 and 5. Contesting the said claim, inter alia, a dispute has been raised from the Defendants 4 and 5 of the State of Andhra Pradesh and the petitioners from the State of Tamil Nadu by filing separate written statements claiming that the said area forms part of their respective States. In view of the same, it has been contended that the Civil Court has no jurisdiction to entertain the suit itself or go into such questions, in view of the bar as contemplated under the provisions of Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959 and having regard to the special remedy available under Article 131 of the Constitution of India, since it raises an inter-State dispute.