Madras High Court
The Chitra Avenue Flat Owners ... vs V.G.Selvaraja on 4 October, 2023
CRP. No.3004 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10. 2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 3004 of 2023
& CMP No. 18553 of 2023
1.The Chitra Avenue Flat Owners Welfare Association
Represented by its Secretary S.Giridharan
No. 9, Choolaimedu High Road,
Chennai – 600 094.
2. S.Giridharan
3.V.Sathish
...Petitioners/Petitioners/Defendants 2,4 & 6
Vs.
1.V.G.Selvaraja ...1 Respondent/1st Respondent/Plaintiff
st
2.The District Registrar
Chennai Central.
3.S.Linal Amalraj
4.Ramakrishnan
5.Muthuraman
...2 to 5 Respondents/2 to 5 Respondents/Defendants 1,3,5 &7
PRAYER : This Civil Revision Petition is filed under Section 227 of the
Constitution of India, praying to set aside the order passed by the VIII
Assistant City Civil Court, Chennai dated 04.08.2023 in I.A No. 7 of 2023
1
https://www.mhc.tn.gov.in/judis
CRP. No.3004 of 2023
in O.S No. 7042 of 2022, consequently reject the plaint in O.S No. 7042 of
2022 pending on the file of VIII Assistant City Civil Court, Chennai.
For Petitioners : Mr.Y.kajanavas
For Respondents : Mr.S.kamadevan for R1
ORDER
This petition has been filed to set aside the order passed by the VIII
Assistant City Civil Court, Chennai dated 04.08.2023 in I.A No. 7 of 2023
in O.S No. 7042 of 2022, consequently reject the plaint in O.S No. 7042 of
2022 pending on the file of VIII Assistant City Civil Court, Chennai.
2. The learned counsel for the petitioners/defendants submitted that
the petitioner filed I.A No. 7 of 2023 in O.S No. 7042 of 2022 before the
Trial Court to reject the plaint on the ground that the plaintiff/respondent
herein is not a member of the Chitra Avenue Flat Owners Welfare
Association hence he has no locus standi to file the suit. The said
application was strongly objected by the plaintiff/respondent herein by
filing objection stating that as a flat owner he is entitle to raise his objection
about violations while conducting the election and the same could not be
objected by the defendants'' as it is only remedy for him to approach the
Civil forum. Considering the submissions on either side the trial Court
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CRP. No.3004 of 2023
dismissed the said application holding that there is no prime facie materials
available on the side of the defendant to reject the plaint. Furthermore, after
filing of the written statement, issues were framed and P.W.1 was examined,
during cross examination of P.W.1 these defendants preferred this
application with an intention to drag on the proceedings. Moreover, the
election was held as per the direction of this Court in CRP proceedings
dated 28.07.2022, accordingly the election was conducted, if at all any
malpractice was happened in the election that can be elucidated only after
the Trial. Accordingly the said application was dismissed. Challenging the
same this Civil Revision petition was filed by the defendants.
3. The learned counsel for the petitioner submitted that the plaintiff
has no locus standi to dispute the election held by the second defendant as
he is not a member of the Association and also at any stage of the
proceedings he is entitle to file the petition to reject the plaint, to
substantiate his claim he relied the ratio laid down in the Judgment of this
Court in the case of Radhakrishnan Vs V.Sundaramoorthy:
5. Once an application is filed under Section Order 7 Rule 11 CPC,
the Court has to dispose the same before proceeding with the Trial. There is
no point or sense in proceeding with the trial of the case, in case the plaint
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CRP. No.3004 of 2023
(election petition in present case) is only to be rejected at at the threshold.
Therefore, the defendant is entitle to file the application for rejection before
filing his written statement..........
4. By way of reply, the learned counsel for the respondent submitted
that he is member of the flat owner association and he is having the right to
dispute the election results and the same can be established at the time of
the trial which was rightly appreciated by the Trial Court which needs no
interference.
5. Considering the submissions on either side and also on perusal of
records, it reveals that the suit was filed by the respondent for the relief of
permanent injunction and after receipt of notice the written statement was
filed by the petitioner by denying the averment in the plaint more
particularly with regard to locus standi of the plaintiff to dispute the
election. Moreover, in paragraph 4, 5, 6 of the written statement the
defendant raised allegations with regard to maintainability of the suit as well
as power of the society which are all defence already raised by the
defendant in the written statement. Based on the defendants' written
statement issues were framed and P.W.1 was examined and the matter is
pending for cross examination of P.W.1 at that stage the defendants filed
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CRP. No.3004 of 2023
application to reject the plaint as such is unsustainable which was rightly
appreciated by the Trial Judge. Further the defendants' claim is beyond the
scope of Order 7 Rule 11 of CPC, since because it cannot be decided merely
based on the allegations of the defendants. The main objection raised by
the defendants is that the plaintiff is not a candidate to the election so he has
no locus standi to file the suit but it this can be decided only by the Trial
Court. Therefore, the reason assigned by the Trial court is acceptable one
needs no interference. However, the liberty is granted to the defendants' to
put their defence before the Trial court. Further, the Trial Court is directed
to frame the issue properly more particularly with regard to locus standi of
the plaintiff.
6. In result, this petition is disposed of. No Cost. Consequentially,
connected miscellaneous petition is closed.
04.10.2023
pbl
Note : Issue order copy on 06.10.2023.
To
The District Registrar
Chennai Central.
https://www.mhc.tn.gov.in/judis
CRP. No.3004 of 2023
T.V.THAMILSELVI,J.
Pbl
CRP No. 3004 of 2023
& CMP No. 18553 of 2023
04.10.2023
https://www.mhc.tn.gov.in/judis
