← Library
Madras High CourtCRP/610/2024dismissed

Moutoulatchoumy v. V. Arikrishanan

2024-02-27Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.610 of 2024 and CMP No.3023 of 2024

1. Moutoulatchoumy

2. Anbajagane

3. Manevijie

4. Tenemojie

5. Illango ... Petitioners /vs/ V.Arikrishnan ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India to call for the records of the impugned show cause notice dated 06.01.2024 made in O.S.No.356/2023, on the file of the learned I Additional District Munsif, Puducherry and quash the same. For Petitioners ... Mr. D.Ravichander

ORDER

This civil revision petition has been filed to quash the impugned show cause notice dated 06.01.2024 issued in O.S.No.356/2023, by the learned I Additional District Munsif, Puducherry.

2. The petitioners herein are the plaintiffs and the respondent herein is the defendant in the above said suit, which was filed for declaration, declaring that the plaintiffs 1 to 5 are the legal heirs of the deceased Vengadasalame s/o Kesavan, who died on 22.03.2022. The above matter was referred to Lok Adalat, wherein Award was passed on 09.09.2023, declaring that the plaintiffs are the legal heirs of the above said deceased Vengadasalame. Subsequently, on 06.01.2024, the learned I Additional District Munsif, Puducherry has issued the impugned show cause notice to the petitioners, stating that the petitioners/plaintiffs had filed the suit, suppressing the existence of first wife and other legal heirs of the deceased Vengadasalame and had obtained the legal heirship certificate on 09.09.2023 and hence, called upon them to appear before the said court to give their explanation on the show cause notice. Challenging the same, the present civil revision petition has been filed.

3. Heard the learned counsel for the petitioners and I have perused the materials on record.

4. Admittedly, the petitioners herein had filed the above said suit for declaration, delcaring that they are the legal heirs of the deceased

Vengadasalame; and after Lok Adalat settlement, legal heirship certificate was also issued in their favour on 09.09.2023. In such circumstances, the learned Trial Judge had issued the show cause notice dated 06.01.2024 as though the petitioners have obtained the legal heirship certificate, without disclosing the existence of the first wife and other children of the deceased Vengadasalame, thereby called upon them to give their explanation.

5. It is argued by the learned counsel for the petitioners that, the said I Additional District Munsif, Puducherry has no jurisdiction to issue such show cause notice and even if it is presumed to be have a jurisdiction, there is no specific averment in the said notice,with regard to the fraud committed by the petitioners. Therefore, the above show cause notice has to be quashed.

6. Admittedly, after filing the suit, the case was referred from the file of the I Additional District Munsif, Puducherry to the Lok Adalat, wherein the Award has been passed, declaring the petitioners are the legal heirs of the deceased Vengadasalame. Therefore, when the above court has come to know that the petitioners have obtained the legal heirs, without disclosing

the other legal heirs of the deceased, the said Court has jurisdiction to give such show cause notice to the petitioners, calling upon them to give their explanation. Already, the petitioners have given their written explanation dated 25.01.2024 to the impugned show cause notice. Therefore, this court is of the view that, the Trial Court has rightly issued the impugned show cause notice and it cannot be quashed. Further, the petitioners have every right to appear before the Court and give their further explanation, in pursuant to the show cause notice. As such, this civil revision petition is liable to be dismissed, as it has no merits.

7. Accordingly, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Liberty is granted to the petitioners to give their explanation on the show cause notice before the Trial Court.

27.02.2024 Index : Yes/No Internet : Yes/No mst To The Additional District Munsif, Puducherry.

V.SIVAGNANAM ,J.

mst 27.02.2024