Amalorpavam vs Kanikkai Mary
2024 Latest Caselaw 15453 Mad

Madras High Court

Amalorpavam vs Kanikkai Mary on 8 August, 2024

                                                                                  C.R.P.(PD).No.3149 of 2024

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 08.08.2024

                                                        CORAM

                           THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

                                            C.R.P.(PD).No.3149 of 2024
                                            and C.M.P.No.16852 of 2024

                1.Amalorpavam
                2.Rajesh Oliver                                    ... Petitioners/Petitioners/Plaintiffs

                                                        -Versus-

                1.Kanikkai Mary
                2.Maria Prakasam
                3.Rosalin Mary                           ... Respondents/Respondents/Defendants
                4.Ravi Bernard
                5.S.Balaji                                          ... Respondents/Proposed parties

                PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
                India, against the impugned order passed in I.A.SR.No.2035 of 2024 in
                O.S.No.150 of 2023 dated 07.06.2024 on the file of the District Munsif,
                Krishnagiri.
                                  For the Petitioners    : Mr.S.Gnanapragasam


                                                        ORDER

This Civil Revision Petition challenges the order dated 07.06.2024

passed in I.A.SR.No.2035 of 2024 in O.S.No.150 of 2023 on the file of the

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District Munsif, Krishnagiri.

2. This Court in Selvaraj and Ors. Vs. Koodankulam Nuclear Power

Plant India Limited, Represented through its Project Director in CRP(MD)

Nos.915, 943, 967, 991 & 330 of 2020 dated 16.07.2021, speaking through

Justice N.Seshasayee has held that the issue of maintainability requires a

judicial order and cannot be disposed of by way of an administrative return.

3. An application has been filed by the plaintiffs/Civil Revision

Petitioners to implead the respondents 4 and 5 herein as party defendants in the

suit filed by them. The said petition has been rejected stating that as Order 7

Rule 11 petition is pending, this petition cannot be entertained. Challenging the

same, this revision has been presented.

4. Following the Judgment of Justice N.Seshasayee, the return made by

the learned District Munsif, Krishnagiri is set aside. The learned Judge is

requested to number the application, issue notice to the plaintiffs as well as the

defendants and receive counter from them. Thereafter, if he feels that the

application is not maintainable, then the application shall be disposed of.

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5. In the light of the above findings, this Civil Revision Petition stands

allowed. No costs. Consequently, the connected miscellaneous petition is

closed.

                                                                                          08.08.2024
                Jer
                Index          : Yes / No
                Internet       : Yes / No
                Neutral Citation       : Yes / No
                Speaking / Non Speaking Order




                To
                The District Munsif

District Munsif Court, Krishnagiri.

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V.LAKSHMINARAYANAN, J., Jer

08.08.2024

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