J.Myvanna Kumar vs The Commissioner
2022 Latest Caselaw 8793 Mad

                                                                        C.R.P.(PD) No.1364 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 26.04.2022

                                        CORAM : JUSTICE N.SESHASAYEE

                                              C.R.P.(PD) No.1364 of 2022



                     1.J.Myvanna Kumar
                     2.J.Rathina Kumar
                     3.J.Madhava Kumar
                     4.J.Naveena Kumari
                     5.J.Mohana Kumari                           ... Petitioners / Plaintiffs


                                                           Vs.


                     1.The Commissioner
                       Jolarpettai Town Municipality
                       Jolarpettai, Tirupattur District.

                     2.The Tahsildar
                       Taluk Office, Nattrampalli
                       Tirupattur District

                     3.The Tahsildar
                       Taluk Office
                       Tirupattur
                       Tirupattur District.

                     4.The District Revenue Officer
                       Tirupattur.

                     5.The District Collector
                       Collectorate, Tirupattur.                 ... Respondents / Defendants

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                                                                        C.R.P.(PD) No.1364 of 2022


                     Prayer : Civil Revision Petition filed under Article 227 of the Constitution
                     of India, praying to direct the III Additional District Court, Tirupattur to
                     take the plaint on file in O.S.C.F.R.No.3995 of 2021.


                                    For Petitioners   :    Mr.R.Subramanian
                                    For Respondents :      Mr.Harish
                                                           Government Advocate

                                                       ORDER

The revision petition is filed seeking a direction to III Additional District

Court, Tirupattur to take the plaint pending in O.S.C.F.R.No.3995 of 2021,

to its file.

2. The plaintiffs have laid the suit for declaration of title and injunction.

The plaint was returned atleast four times, and the nature of defect that is

required to be cured was absolutely inconsistent with the ratio of this Court

in Selvaraj and others Vs. Koodankulam Nuclear Power Plant India

Limited and Others [2021 (4) CTC 539 :2021-3-LW.677 : 2021 (3) MWN

73].

3. The learned counsel appearing for the revision petitioners submitted that

a copy of the judgment in Selvaraj case has been circulated to the learned

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C.R.P.(PD) No.1364 of 2022

Judge, yet he continued with his way.

4. Without getting sidetracked to the other issues, this Court now merely

requires the learned III Additional District Judge, Tirupattur, to scrutinise

the plaint and pass the same based on the ratio in Selvaraj and others V.

Koodankulam Nuclear Power Plant India Limited and others [2021 (4)

CTC 539 : 2021-3-L.W.677]. The learned Judge is also required to offer

his explanation why he has not followed the authority in Selvaraj case.

5. The revision is disposed of accordingly. No costs. The Registry is also

required to return the original plaint to the revision petitioners.

26.04.2022

Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order

ds

To:

The Judge III Additional District Court, Tirupattur.

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C.R.P.(PD) No.1364 of 2022

N.SESHASAYEE.J., ds

C.R.P.(PD) No.1364 of 2022

26.04.2022

https://www.mhc.tn.gov.in/judis