Madras High CourtCMA/1739/2019dismissed

K.Sivalingam v. D.Rajasekaran

2019-03-05Honourable Mr Justice M. Govindaraj2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2019 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ CMA.No.1739 of 2019 K.Sivalingam ... Appellant/ Petitioner Vs.

1.D.Rajasekaran 2.S.A.Hameed 3.C.Raman 4.Chandrasekaran 5.Rangarajan 6.D.Sekar 7.District Collector, District Collector Office, Sathuvachary, Vellore, Vellore District, Pin - 632 009.

8.Sub Collector, Sub Collector Office, Tirupattur, Vellore District, Pin - 635 601.

9.The Tahsildar, Taluk Office, Tirupattur, Vellore District.

10.The Block Development Officer, (Panchayats) Kandhili, Union Office, Triupattur Taluk, Vellore Distirct.

11.Rajalingam 12.Vijayan 13.Pavalakkodi 14.Saravanan ... Respondents/ Respondents 3,4,5,6,12,13 and 14 PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Civil Procedure Code, against the order dated 21.01.2019 made in P.O.P.No.2 of 2016 on the file of Court of Principal District Judge, Vellore dismissing the petition to sue as indigent person.

For Appellant : Mr.K.Sivalingam(P- in -P) ***** https://hcservices.ecourts.gov.in/hcservices/

J U D G M E N T

This appeal has been filed by the appellant against the order dated 21.01.2019 made in P.O.P.No.2 of 2016 on the file of Court of Principal District Judge, Vellore dismissing the petition to sue as indigent person.

2. Admittedly, the appellant owns agriculture land along with other co-sharers. Further, the appellant has filed several civil suits and the petitions filed by the appellant seeking to sue as an indigent person was dismissed.

3. The learned Principal District Judge, Vellore, considering all these facts and also the dismissal of the previous petition filed by the appellant in OP.No.3 of 2012 before this Court has dismissed the petition. The background of the case shows that the appellant is not an indigent person. Therefore, the order passed by the Principal District Judge, Vellore in POP.No.2 of 2016 is based on valid reason and it does not require any interference by this Court.

4. Therefore, the appeal is not maintainable and the appeal is dismissed. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar bri To 1.The Principal District Judge, Vellore.

CMA.No.1739 of 2019 A.SK(25/04/2019) https://hcservices.ecourts.gov.in/hcservices/