Madras High Court
K.Mohamed Zakkariah vs The Public Works Department on 8 March, 2021
C.R.P(MD)No.392 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.03.2021
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.R.P(MD)No.392 of 2021
K.Mohamed Zakkariah ... Petitioner
Vs.
1.The Public Works Department
represented by its Chief Engineer,
Water Resources Organisation
Periyar-Vaigai Basin Sub Division-I, Madurai-625002.
2.The Assistant Engineer,
Public Works Department,
Water Resources Organisation,
Irrigation Section No.II,
Periyar-Vaigai Basin, Sub Division-I, Madurai-625002.
3.The Junior Engineer,
Public Works Department,
Water resources Organisation,
Irrigation Section No-II,
Periyar-Vaigai Basin, Sub Division-I, Madurai-625002.
4.The District Collector,
Madurai District,
Gandhi Nagar, Madurai-625020. ... Respondents
PRAYER:- Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the Docket Order dated 12.08.2020
passed in unnumbered O.S.No. of 2020 on the file of the learned Principal
Sub Judge, Madurai and further direct the learned Principal Sub Judge,
Madurai to number the civil suit.
For petitioner : Mr.T.Lajapathi Roy
For Respondents : Mr.J.Gunaseelan Muthaiah,
Additional Government Pleader.
1/4
https://www.mhc.tn.gov.in/judis/
C.R.P(MD)No.392 of 2021
ORDER
This Civil Revision Petition has been filed to set aside the Docket
Order dated 12.08.2020 passed in unnumbered O.S.No. of 2020 on the
file of the learned Principal Sub Judge, Madurai and number the same.
2.The learned counsel for the petitioner would state that the
petitioner/plaintiff filed the above unnumbered suit for declaration and
permanent injunction in respect of the suit property. He would further
state that the trial Court on erroneous appreciation of the plaint
averments, returned the plaint stating that the plaintiff encroached the
water body as such, the suit is not maintainable, in view of the judgment
reported in 2015 WLR 1029 in a case of TK Shanmugam Vs. State of
Tamilnadu and others. He would also state that the question of
maintainability can be framed as a preliminary issue after numbering the
suit and without doing so, returning the plaint questioning the merits of
the case, is arbitrary. Thus, he would pray for setting aside the impugned
order.
3.Heard the learned counsel for the petitioner.
4.Perusal of record shows that the learned Judge has returned the
plaint questioning the maintainability of the suit. While numbering the
suit, the learned Judge has to see whether the plaint satisfies the
ingredients set out under Order 7 Rule 1 of the Civil Procedure Code
which reads as follows:-
https://www.mhc.tn.gov.in/judis/
C.R.P(MD)No.392 of 2021
''1.Particulars to be contained in plaint.--- The plaint
shall contain the following particulars ---
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the
plaintiff;
(c) the name, description and place of residence of the
defendant, so far as they can be ascertained;
(d) where the plaintiff or the defendant is a minor or a
person of unsound mind, a statement to that effect, and in the
case of a minor, a statement regarding his age to the best of
the knowledge and belief of the person verifying the plaint;
(e) the facts constituting the cause of action and when
it arose;
(f) the facts showing that the Court has jurisdiction;
(g) the relief which the plaint claims;
(h) where the plaintiff has allowed a set-off or
relinquished a portion of his claim, the amount so allowed or
relinquished; and
(i) a statement of the value of the subject matter of the
suit for the purpose of jurisdiction and of court-fees, so far as
the case admits.
Provided that, where owing to the large number of
defendants or any other sufficient reason, it is not practicable
to ascertain with reasonable accuracy the age of the minor
defendant, it may be stated that the age of the minor
defendant is not known.''
5.If the ingredients under Order 7 Rule 1 of the Civil Procedure
Code are satisfied on the face of the plaint as stated by the plaintiff, then
the plaint has to be numbered and proceeded in the manner known to law.
The plaint cannot be returned questioning the merits of the case.
6.Therefore, the learned Principal Sub Judge, Madurai, is directed
to number the suit and take the plaint on file and dispose of the same in
accordance with law.
https://www.mhc.tn.gov.in/judis/
C.R.P(MD)No.392 of 2021
J.NISHA BANU,J.
gns
7.With the above direction, this Civil Revision Petition is disposed
of. No costs.
08.03.2021
Index :Yes/No
Internet:Yes/No
gns
Note:1.Registry is directed to return the original plaint
(unnumberd) in OS.SR.No. Of 2020 to the counsel for the
petitioner after getting attesting copies of same.
2.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 Sub Court, Madurai.
C.R.P(MD)No.392 of 2021
https://www.mhc.tn.gov.in/judis/
