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Madras High CourtCRP/34/2019disposed of

K.Rajarathinam v. The Tamilnadu Govt.

2019-01-08Honourable Mr Justice M.S. Ramesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH C.R.P. (PD) No. 34 of 2019

1. K.Rajarathinam

2. Kaleeswari

3. R.Kameswaran

...Petitioners

Vs

1. The Tamil Nadu Government, Rep. By District Collector, Tiruppur.

2. The District Revenue Officer, Tiruppur, Tiruppur District.

3. The Commissioner, Chennai.

4. The Joint Commissioner, Coimbatore.

5. The Assistant Commissioner, Coimbatore.

6. The Executive Officer, Arulmigu Mariamman Temple, Vedapattai Village, Madathukulam Taluk, Tiruppur District.

7. The Tahsildar, The Tahsildar Officer, Madathukulam Taluk, Tiruppur District.

...Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Sub-Court, Udumalpet to take the plaint in C.F.R.No.16124 of 2018 on the file and number the suit.

For Petitioner : Mr.S.Gunalan

O R D E R

The limited prayer sought for in the present revision petition is to direct the Sub-Court, Udumalpet to take the plaint in C.F.R.No.16124 of 2018 on the file and number the suit.

2. The issue with regard to maintainability of the suit can be an issue in the main suit and as such, the Registry of learned Subordinate Judge, Udumalpet, may not be justified in returning the plaint.

3. Hence, the learned Subordinate Judge, Udumalpet is called upon to instruct his Registry to number the plaint in C.F.R.No.16124 of 2018, within a period of one week from the date of receipt of copy of this order, if it is otherwise in order.

4. With the above observations, the present Civil Revision Petition stands disposed of. No costs.

08.01.2019 Index:Yes/No Speaking Order: Yes/No mrm/hvk (Note: Registry is directed to return the original plaint to the petitioners) To

1. The Sub-Court, Udumalpet.

2. The Tamil Nadu Government, Rep. By District Collector, Tiruppur.

3. The District Revenue Officer, Tiruppur, Tiruppur District.

4. The Commissioner, Chennai.

5. The Joint Commissioner, Coimbatore.

6. The Assistant Commissioner, Coimbatore.

7. The Executive Officer, Arulmigu Mariamman Temple, Vedapattai Village, Madathukulam Taluk, Tiruppur District.

8. The Tahsildar, The Tahsildar Officer, Madathukulam Taluk, Tiruppur District.

M.S.RAMESH.,J mrm/hvk C.R.P. (PD) No. 34 of 2019 08.01.2019