Madras High Court
Harikrishnan vs The State Of Tamil Nadu on 3 June, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R.P(MD)No.729 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.06.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(MD)No.729 of 2018
and
C.M.P(MD)No.3172 of 2018
Harikrishnan ... Petitioner/Petitioner
Plaintiff
Vs.
1.The State of Tamil Nadu,
Represented by its
District Collector,
Madurai.
2.The Tamil Nadu Hindu Religious and
Charitable Endowments Department,
Represented by its Commissioner,
Chennai.
3.The Executive Officer,
Vinayakar Kovil,
Elumalai,
Peraiyur Taluk,
Madurai District. ... Respondents 1 to 3/
Respondents 1 to 3/
Defendants 1 to 3
1/7
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C.R.P(MD)No.729 of 2018
4.Pappathi
5.Vaasimalai
6.Nagaraj
7.Pitchairaja
8.Easwaran
9.Kannan
10.Nagendiran
11.Rameshbabu
12.Nagaiah Samy
13.Subburaj
14.Pathrakali
15.Ganesan ... Respondents 4 to 15/
Proposed Respondents 4 to 15/
Proposed defendants 4 to 15
PRAYER: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order passed by
the District Munsif cum Judicial Magistrate at Peraiyur, dated
26.02.2018 in I.A.No.100 of 2016 in O.S.No.530 of 2014.
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C.R.P(MD)No.729 of 2018
For Petitioner : M/s.A.Niveditha
for Mr.S.Madhavan
For R-1 : Mr.C.Satheesh
Government Advocate
For R-2 : Mr.P.Subbaraj
Special Government Pleader
For R-3 : Mr.S.Manohar
For R-5 & R-14 : No appearance
R-4, R-6 to R-10
& R-15 : Died
ORDER
The present revision petition has been filed by the plaintiff in
O.S.No.530 of 2014 challenging an order wherein, the Trial Court has
rejected an application to implead the vendors of the plaintiff.
2. The petitioner herein as plaintiff has filed the above said suit
before the District Munsif cum Judicial Magistrate Court at Peraiyur for
the relief of declaration of title and permanent injunction.
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3. Originally the State of Tamil Nadu, Tamil Nadu Hindu
Religious and Charitable Endowments Department and Executive Officer
of Vinayagar Koil, Elumalai were impleaded as defendants 1 to 3 in the
suit. They have filed a written statement contending that the vendors of
the plaintiff do not have any title to alienate the same in favour of the
plaintiff. Within five months from the date of filing of the said petition,
the plaintiffs have filed I.A.No.100 of 2016 for impleading his vendors.
The said application has been dismissed by the Trial Court on the ground
that, the plaintiff is not seeking any prayer as against his vendors and
therefore, his vendors could be examined as witnesses on the side of the
plaintiff to prove the title. This order is under challenge in the present
revision petition.
4. The learned Counsel appearing for the revision petitioner has
relied upon an order of this Court, dated 16.10.2023 in C.R.P(MD)No.
2013 of 2017. The said revision petition was filed by another person as
against the same Temple, who is owning the adjacent property. In the
said suit also, an attempt was made to impead the vendors of the plaintiff
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and the same was rejected. This Court in the above said order had relied
upon the judgment of the Hon'ble Supreme Court of India reported in
1992 (2) SSC 524 [Ramesh Hiranand Kundanmal Vs. Municipal
Corporation of Greater Bombay and Others] and the judgment of this
Court in 2013 (2) MWN (Civil) 510 [Alladi Staram Vs. P.L.Finance
and Investment and Limited and Others] and has proceeded to allow the
revision petition, permitting the plaintiff therein to implead his vendors.
Since the present plaintiff is also similarly placed person, this Court is
inclined to allow the present revision petition.
5. The order of the Trial Court in I.A.No.100 of 2016 is hereby set
aside and the said application stands allowed. Hence, this Civil Revision
Petition stands allowed. There shall be no order as to costs.
Consequently, connected Miscellaneous Petition stands closed.
03.06.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
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To
1.The District Collector,
The State of Tamil Nadu,
Madurai.
2.The Commissioner,
The Tamil Nadu Hindu Religious and
Charitable Endowments Department,
Chennai.
3.The Executive Officer,
Vinayakar Kovil,
Elumalai,
Peraiyur Taluk,
Madurai District.
4.The District Munsif cum Judicial Magistrate,
Peraiyur.
5.The Section Officer,
Vernacular Record Section,
Madurai Bench of Madras High Court,
Madurai.
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R.VIJAYAKUMAR, J.
BTR
Order made in
03.06.2024
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