Madras High Court
All The Members Of Charismatic ... vs Retinaswamy on 13 December, 2021
C.R.P.(PD) (MD) No.1958 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2021
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(PD) (MD) No.1958 of 2021
and
C.M.P.(MD) No.10551 of 2021
1.All the Members of Charismatic Centre Church,
Marthandam,
Rep. by petitioners 2 to 6
2.P.Mariya Rethinam
3.J.Melchi Bai
4.R.Loorthu Mary
5.F.Kala
6.C.M.Angel .. Petitioners
-vs-
1.Retinaswamy
2.Charismatic Service trust,
Rep., by its Founder and Managing Trustee,
Rev.Fr.John Joseph,
Trustee of Charismatic Service Trust,
Office at Trust Home, Market Road,
Marthandam & Post, Nallor Village,
Vilavancode Taluk, Kanyakumari District.
3.Rev.Fr.John Joseph
4.Sister Hellar Mary
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C.R.P.(PD) (MD) No.1958 of 2021
5.Sister Sahaya Mary Jeyarani
6.Sahul Hameed
Prayer :- Petition filed under Article 227 of the Constitution of India to
direct the Principal District Judge of Kanyakumari at Nagercoil to
number E.A.CF.No.3665 of 2021 in E.A.No.282 of 2011 in E.P.No.40 of
2004 in O.S.No.58 of 1997 on the file of the Subordinate Judge's Court,
Kuzhithurai and dispose the same in accordance with law and on merits.
For Petitioners : Mr.M.R.Sreenivasan
For R1 : Mr.T.Wins
******
ORDER
This Civil Revision Petition is filed seeking a direction to the
learned Principal District Judge, Kanyakumari at Nagercoil to number
E.A.CF.No.3665 of 2021 in E.A.No.282 of 2011 in E.P.No.40 of 2004 in
O.S.No.58 of 1997, which has been returned frequently for compliances,
despite the fact that the returns are complied with by the petitioners.
2.This Court, in an earlier occasion, passed an order on 03.12.2021
in the case of Rev.Sr.V.Catherin Vimala vs. Retnasamy and others in
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C.R.P.(PD) (MD) No.1958 of 2021
C.R.P.(MD) No.1809 of 2021. The order dated 03.12.2021 reads as
follows:-
“2.The petitioner has filed E.A.CF.No.1209 of
2021 in E.A.No.282 of 2011 invoking the provisions
of Order XXI Rule 97 and 101 of the Code of Civil
Procedure, challenging the auction sale conducted
pursuant to the orders in E.P.No.40 of 2004 on the
ground that item numbers 1 to 5, which have now
been sold in auction, are the properties belonging to
the petitioner and it is only the 6th item of property,
which stands in the name of the judgment debtor.
3.The specific case of the petitioner is that both
the Charismatic Centre (the petitioner herein) and the
Charismatic Service Trust, which is the judgment
debtor, are different and separate entities. This
application had been filed by the petitioner herein on
11.03.2020 and the said petition was returned asking
the petitioner to provide documents to prove as to
whether the petitioner was a Trust or a Company and
to produce documents to show the identity of the
petitioner. The petition was once again re-presented
after compliance of the returns on 10.08.2021. The
said petition was returned once again on 18.08.2021
and the same has been represented on 30.09.2021. It
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C.R.P.(PD) (MD) No.1958 of 2021
appears that it is once again returned on 25.08.2021
with a different set of queries. The same was complied
with and re-presented and finally, the matter was
returned once again on 04.10.2021 stating that the
previous return number 1 had not been answered
satisfactorily.
4.A perusal of the return would indicate that
the learned Judge has sought for the following
clarification:-
“As per the representation, the Charismatic
Centre is only an establishment and not a Trust or
a Company. Charismatic Centre was founded by
Rev.Fr.John Joseph. The Charismatic Trust is also
founded by the father John Joseph. Therefore, the
legal identity of the Charismatic Service Centre to
be shown clearly”.
5.It is rather perplexing that the learned Judge,
who is exercising the ministerial role while
numbering the petition has traversed into the merits
of the petition, which has to be gone into only after
the petition is numbered and the respondent enters
appearance. The returns made by the learned
Principal District Judge touch upon the merits of the
case and it is also seen that despite the earlier returns
being complied with, the learned Principal District
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C.R.P.(PD) (MD) No.1958 of 2021
Judge, Nagercoil, Kanyakumari District, is coming
forward with an entirely new set of returns.
6.As pointed out time and again, the role of the
Judicial Officer while considering a petition for
numbering the same is a restricted role and the
learned Judge cannot touch upon the merits or
otherwise of the petition's plaint. In fact, when the
matter had come up for admission, the respondent
was already represented by a counsel and this Court
had heard the learned counsels on either side. This
Court therefore directs the learned Principal District
Judge, Nagercoil to number E.A.CF.No.1209 of 2021
in E.A.No.282 of 2011 within a period of two weeks
from the same being re-presented. Registry is directed
to return the original petition to the learned counsel
appearing on behalf of the petitioner, after obtaining
necessary acknowledgment.
7.With the aforesaid direction, the Civil
Revision Petition stands allowed. No costs.
Consequently, connected miscellaneous petition is
closed.”
3.Thus, following the above, this Civil Revision Petition is
allowed and the learned Principal District Judge, Kanyakumari at
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C.R.P.(PD) (MD) No.1958 of 2021
Nagercoil is directed to number E.A.CF.No.3665 of 2021 in E.A.No.282
of 2011 within a period of two weeks from the same being re-presented.
No costs. Consequently, connected miscellaneous petition is closed.
13.12.2021
Index : Yes/No
Speaking/Non-Speaking Order
abr
Note:-
In view of the present lock down owing
to COVID-19 pandemic, a web copy of
the order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
Advocate / litigant concerned.
To
The Principal District Judge,
Kanyakumari at Nagercoil.
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C.R.P.(PD) (MD) No.1958 of 2021
P.T.ASHA, J.
abr
C.R.P.(PD) (MD) No.1958 of 2021
Dated: 13.12.2021
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