Madras High CourtCRP/812/2022disposed of

T.Palani Ananthan v. S.Nalayini

2022-04-04Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022 CORAM : JUSTICE N.SESHASAYEE T.Palani Ananthan ... Plaintiff / Petitioner Vs.

1.S.Nalayini 2.Srinivasan ... Defendants / Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the docket order dated 01.2.2022 in O.S.SR.No.304/2022 dated 15.02.2022 on the file of the Principal Subordinate Judge, Krishnagiri, as illegal, incompetent and without jurisdiction, and further direct the Registry to number the suit in O.S.SR.No.304/2022.

For Petitioner :

Mr.V.Raghavachari 1/4

ORDER

(Not to be reported) The revision petition is filed to set aside the docket order dated 01.2.2022 in O.S.SR.No.304/2022 dated 15.02.2022 on the file of the Principal Subordinate Judge, Krishnagiri.

2. When the matter came up before this Court on 18.03.2022, this Court expressed a strong disappointment on the learned Principal Sub Judge, Krishnagiri, ignoring the ratio of this case in Selvaraj and others V. Koodankulam Nuclear Power Plant India Limited and others [2021 (4) CTC 539 : 2021-3-L.W.677], despite the fact a copy of the same had been circulated to the Court, when the plaint was re-presented. Hence, this Court requires that the Principal Sub Judge, Krishnagiri to submit a report on the above, and also to appear before this Court to explain the same.

3. The learned Principal Sub Judge, Krishnagiri has sent his report and also appeared to explain it in person.

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4. Without getting sidetracked to the other issues, this Court now merely requires the learned Principal Sub Judge, Krishnagiri, to scrutinise the plaint, and pass the same based on the ratio in Selvaraj and others V. Koodankulam Nuclear Power Plant India Limited and others [2021 (4) CTC 539 : 2021-3-L.W.677].

5. The revision is disposed of accordingly. No costs. 04.04.2022 ds Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order To:

The Principal Subordinate Judge Krishnagiri.

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N.SESHASAYEE.J., ds 04.04.2022 4/4