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Madras High CourtCRP/1805/2026disposed of

Arulmigu Sendraya Perumal Swami Thirukovil v. M.Kandasami

2026-06-03Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Arulmigu Sendraya Perumal Swami Thirukovil Pagalpatty, Omalur Taluk, Salem District.

Rep. by its Asst. Commr./ Executive Officer, Arulmigu Sugavaneswar Swamy Thirukovil, Salem.

..Petitioner(s) Vs

1. M.Kandasami

2. The District Collector Collectorate, Salem

3. The District Revenue Officer Collectorate, Salem.

4. The Tahsildar Tahsildar Office, Omalur, Salem.

5. The District Registrar Collectorate, Salem.

6. The Village Administrative Officer Sikkampatti Village, Omalur Taluk, Salem District.

7. The Sub Registrar of Assurances Tharamangalam.

..Respondent(s)

Prayer:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking to set aside the return order 29.01.2026 made in unnumbered O.S.Sr.No.10191 of 2025 passed by the learned Principal District Judge, Salem.

For Petitioner(s):

Mr.T.S.Vijaya Raghavan For Respondent(s):

ORDER

This Civil Revision Petition has been filed challenging the return order dated 29.01.2026 made in unnumbered O.S.sr.No.10191 of 2025 on the file of the Principal District Court, Salem.

2. According to the petitioner, the suit filed by them in O.S.sr.No.10191 of 2025 is maintainable, and therefore, the Principal District Court, Salem, ought to have entertained the suit by numbering the same.

3. The returns made by the Principal District Court, Salem, have also been placed on record along with CRP. However, as seen from the returns, the reasons given by the petitioner for maintainability of the suit have not been considered by a speaking order. Therefore, the learned Principal District Judge, Salem, has to pass a speaking order with regard to the contentions of the petitioner as raised in this CRP.

4. Even before a speaking order could be passed by the trial court, the petitioner has approached this Court by filing the present CRP. The suit was filed on 07.08.2025. Therefore, in the interest of Justice, a direction will have to be issued to the trial court to decide the maintainability of the suit within a time frame to be fixed by this Court.

5. Accordingly, this Civil Revision Petition is disposed of by directing the trial Court, namely, Principal District Court, Salem, to decide the maintainability of the suit in O.S.sr.No.10191 of 2025, by passing a speaking order, within a period of two weeks from the date of receipt of a copy of this order. No Costs.

Registry is directed to issue order copy along with original plaint by 05.06.2026.

03-06-2026 Index: Yes/No Speaking/Non-speaking order RKM To Principal District Court, Salem.

ABDUL QUDDHOSE, J.

RKM 03-06-2026