J.Madhumitha v. M.Kathiresan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI J.Madhumitha

...Petitioner

Vs.

1.

M.Kathiresan 2.

M.Rathinam 3.

M.Karthigai Selvi 4.

M.Santhanabose 5.

S.Suganya 6.

M.Ramesh 7.

S.Murugesan 8.

V.S.Ganesan 9.

Muthu

10. Chandralekha

...Respondents

Civil Revision Petition filed under Article 227 of Constitution of India, as against the Docket order dated 13.02.2025 in D.V.C.No.2 of 2025 passed by the learned District Munsif cum Judicial Magistrate, Madukkarai.

For Petitioner : M/s.V.Vadivalagia Nambi Page No.1 of 4

ORDER

The Revision petitioner is challenging the docket order dated 13.02.2025 passed by the District Munsif cum Judicial Magistrate, Madukkarai in DVC.No.2 of 2025 on the ground that, the learned District Munsif cum Judicial Magistrate finding prima facie case being made out against the respondents has ordered the same to be taken up against the 1st and 2nd respondents alone. The said order does not speak about the other respondents, viz., respondents 3 to 10.

2. I have heard the learned counsel for the petitioner and I have also gone through the records including the complaint as well the impugned docket order dated 13.02.2025.

3. If at all the Court prima facie finds that no case is made out against the respondents 3 to 10, then reasons have to be assigned for the same. Having held that the Court finds prima facie case against the respondents, the reason for not ordering notice to the respondents 3 to 10 is not even stated.

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4. In the light of the above, this Civil Revision Petition stands allowed and the docket order dated 13.02.2025 made in DVC.No.2 of 2025 is set aside. The learned District Munsif cum Judicial Magistrate, Madukkarai shall pass a considered order on merits, after affording opportunity to the petitioner as regards the maintainability of the complaint as against the respondents 3 to 10. No costs.

5. Registry is directed to return the original documents to the learned counsel for the petitioner enabling him to represent the same before the learned District Munsif cum Judicial Magistrate, Madukkarai. 04.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To The District Munsif cum Judicial Magistrate, Madukkarai.

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P.B. BALAJI , J.

skt 04.07.2025 Page No.4 of 4