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Madras High CourtCRP/1364/2022disposed of

J. Myvanna Kumar, v. The Commissioner,

2022-04-26Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2022 CORAM : JUSTICE N.SESHASAYEE 1.J.Myvanna Kumar 2.J.Rathina Kumar 3.J.Madhava Kumar 4.J.Naveena Kumari 5.J.Mohana Kumari ... Petitioners / Plaintiffs Vs.

1.The Commissioner Jolarpettai Town Municipality Jolarpettai, Tirupattur District.

2.The Tahsildar Taluk Office, Nattrampalli Tirupattur District 3.The Tahsildar Taluk Office Tirupattur Tirupattur District.

4.The District Revenue Officer Tirupattur.

5.The District Collector Collectorate, Tirupattur.

... Respondents / Defendants 1/4

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the III Additional District Court, Tirupattur to take the plaint on file in O.S.C.F.R.No.3995 of 2021. For Petitioners :

Mr.R.Subramanian For Respondents :

Mr.Harish Government Advocate

ORDER

The revision petition is filed seeking a direction to III Additional District Court, Tirupattur to take the plaint pending in O.S.C.F.R.No.3995 of 2021, to its file.

2. The plaintiffs have laid the suit for declaration of title and injunction. The plaint was returned atleast four times, and the nature of defect that is required to be cured was absolutely inconsistent with the ratio of this Court in Selvaraj and others Vs. Koodankulam Nuclear Power Plant India Limited and Others [2021 (4) CTC 539 :2021-3-LW.677 : 2021 (3) MWN 73].

3. The learned counsel appearing for the revision petitioners submitted that a copy of the judgment in Selvaraj case has been circulated to the learned 2/4

Judge, yet he continued with his way.

4. Without getting sidetracked to the other issues, this Court now merely requires the learned III Additional District Judge, Tirupattur, 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]. The learned Judge is also required to offer his explanation why he has not followed the authority in Selvaraj case .

5. The revision is disposed of accordingly. No costs. The Registry is also required to return the original plaint to the revision petitioners. 26.04.2022 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds To:

The Judge III Additional District Court, Tirupattur.

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N.SESHASAYEE.J., ds 26.04.2022 4/4