Case Note & Summary
The petitioner filed a suit for bare injunction to restrain government officials from interfering with his possession and for a mandatory injunction directing them to grant a patta in his favour. The first respondent, a third party, filed an impleadment application claiming that the suit property was Government Poramboke land over which the general public had a right of way, and that the petitioner was attempting to obtain a patta. The trial court allowed the impleadment. The petitioner challenged this order by way of civil revision petition. The High Court examined the application and found that the first respondent sought impleadment in his individual capacity, not as a representative of the general public, and did not show any individual interest in the property. The court held that a person claiming only a right of way over Government land cannot be impleaded in his individual capacity without demonstrating a personal right. The court set aside the trial court's order and dismissed the impleadment application.
Headnote
A) Civil Procedure - Impleadment of Third Party - Right of Way - Government Poramboke Land - The court considered whether a third party claiming a right of way over Government Poramboke land can be impleaded in a suit for injunction and mandatory injunction seeking patta, when the application is filed in individual capacity without showing individual interest. The court held that the impleadment application was not maintainable as the applicant did not claim any individual interest and did not file as a representative of the general public. (Paras 1-6)
Issue of Consideration
Whether a third party claiming right of way over Government Poramboke land can be impleaded in a suit for injunction and mandatory injunction seeking patta, when the application is filed in individual capacity without showing individual interest.
Final Decision
The civil revision petition is allowed. The order dated 24.08.2023 in IA No.164 of 2022 in OS No.119 of 2017 on the file of Principal District Munsif Court at Gingee is set aside. The impleadment application is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Law Points
- Impleadment of third party
- Right of way
- Government Poramboke land
- Individual interest
- Representative capacity
Case Details
CRP No. 2166 of 2024 and CMP No. 11538 of 2024
Mr.K.Krishnan for petitioner, Mrs.P.Thirumalai for R1, Mr.N.Muthuvel Government Advocate for R2 to R7
C.Dhavamani, The Thasildhar, The Zonal Deputy Tahsildhar, The Revenue Inspector, The Village Administrative Officer, The Sub Collector, The District Collector
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Nature of Litigation
Civil revision petition challenging order allowing impleadment of third party in a suit for injunction and mandatory injunction.
Remedy Sought
Petitioner sought to set aside the trial court order allowing impleadment of first respondent.
Filing Reason
Petitioner aggrieved by trial court allowing impleadment of first respondent who claimed right of way over suit property.
Previous Decisions
Trial court allowed IA No.164 of 2022 in OS No.119 of 2017 on 24.08.2023, impleading first respondent.
Issues
Whether a third party claiming right of way over Government Poramboke land can be impleaded in a suit for injunction and mandatory injunction seeking patta, when the application is filed in individual capacity without showing individual interest.
Submissions/Arguments
Petitioner argued that first respondent has no individual interest over subject property and only claims right of way for general public, so impleadment not necessary.
First respondent argued that suit property is Government Poramboke land and general public has right of way, and petitioner is attempting to get patta.
Ratio Decidendi
A third party claiming only a right of way over Government Poramboke land cannot be impleaded in a suit in his individual capacity without showing any individual interest in the property. The impleadment application must be filed as a representative of the general public if the claim is for a public right.
Judgment Excerpts
The 1st respondent sought for impleading mainly on the ground that the suit properties are Government Poromboke lands and the general public of the Village have got right of way over the subject property.
The impleading application has not been filed by the 1st respondent as a representative of the general public and it was filed by him in his individual capacity. The 1st respondent has not shown any individual interest over the subject property.
Procedural History
Petitioner filed OS No.119 of 2017 for injunction and mandatory injunction. First respondent filed IA No.164 of 2022 for impleadment. Trial court allowed IA on 24.08.2023. Petitioner filed CRP No.2166 of 2024 under Article 227 challenging that order.
Acts & Sections
- Constitution of India: Article 227
