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Madras High CourtCRP/2096/2018dismissed

Ranjith v. Thangamani

2024-04-01Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.12596 of 2018 1.Ranjith 2.Mahendran .. Petitioners Vs.

1.Thangamani 2.Ravi 3.Balakumar 4.Murugesan 5.The Managing Director, Tamilnadu State Marketing Corporation TASMAC, Chennai - 600 008 6.The District Manager, (TASMAC), Tamilnadu State Marketing Corporation, Villupuram Page No 1 of 4

7.The Tahsildar, Tindivanam 8.The District Collector, Villupuram .. Respondents Prayer : The Civil Revision Petition is filed under Article 227 of Constitution of India, to strike off the plaint in O.S.No.202 of 2017 before the Additional District Munsif, Thindivanam.

For Petitioners : Mr.K.Balaji For RR1 to 3 : Mr.S.Seenuvasan For RR5 & 6 : Mr.B.Nedunchelian For RR7 & 8 : M/s.Akila Rajendran Government Advocate For R4 : Disd vide Court order dated 10.02.2023

ORDER

The learned counsel for the petitioners submits that the suit is barred by the Tamil Nadu Prohibition Act and by the Tamil Nadu Liquor Retail Vending (In Shops and Bars) Rules and he would state that on those grounds, this Court has to exercise its jurisdiction under Article 227 of Constitution of India and strike off the plaint. Page No 2 of 4

2. When an effective remedy is available to the petitioners under Order VII Rule 11 of the Code of Civil Procedure, I am not inclined to entertain this revision.

3. Consequently, the Civil Revision Petition is dismissed with a liberty to the petitioners to move an appropriate application before the learned trial Judge seeking for the aforesaid relief. The connected Civil Miscellaneous Petition is closed.

01.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To The Additional District Munsif, Thindivanam.

Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.12596 of 2018 01.04.2024 Page No 4 of 4