← Library
Madras High CourtCRP/345/2016dismissed

M.Srinivasan v. S.Manohar Chettiar

2016-03-04Honourable Mr Justice P.R.Shivakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2016

CORAM

THE HONOURABLE MR. JUSTICE P.R.SHIVAKUMAR C.R.P (PD) No.345 of 2016 & C.M.P.No.1795 of 2016 M.Srinivasan ... Petitioner vs.

1.S.Manohar Chettiar 2.The Commissioner Corporation of Chennai Rippon Buildings Chennai

...Respondents

Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order of the XIV Assistant Judge, City Civil Court, Chennai dated 16.12.2015 made in I.A.No.13344 of 2015 in O.S.No.3721 of 2003.

For Petitioner : Mr.R.Jayaprakash

O R D E R

In the suit filed by the petitioner herein, instead of making the temple represented by the Managing Trustee as first defendant, the petitioner chose to name the Managing Trustee and describe him to be the Managing Trustee of the temple and arrayed him as the first defendant. The suit itself has been filed against the demolition notice issued by the Commissioner, Corporation of Chennai under Section 256(3) of Chennai City Municipal Corporation Act (IV of 1919) dated 19.05.2003. The maintainability of the suit is also questionable. However, since there was a change in the office of the Managing Trustee, the person claiming to be the newly elected Managing

Trustee came forward with I.A.No.13344 of 2015 for the substitution of his name in the place of previous Managing Trustee. The said petition has been allowed by the trial court. The order allowing the said petition is sought to be challenged in this revision.

2. This court does not find any merit in the revision. The suit was filed in the year 2003. After 13 years, the petitioner wants to prolong the case further. Hence this court is of the considered view that the revision does not even merit and the same deserves dismissal at the threshold. Accordingly, the civil revision petition is dismissed. However, there shall be no order as to cost. Consequently, the connected miscellaneous petition is closed.

04.03.2016 Index : Yes/No Internet : Yes asr To The XIV Assistant Judge, City Civil Court, Chennai

P.R.SHIVAKUMAR, J.

asr/- C.R.P (PD) No.345 of 2016 and C.M.P.No.1795 of 2016 04.03.2016