G.Manikandan v. M.Karthick
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-02-2025
CORAM
THE HONOURABLE MR JUSTICE R. SURESH KUMAR AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE CMP NO. 23836 of 2024 in CMA SR NO. 120726 OF 2024 G.Manikandan S/o.Govindhan, No.26, Sasthiri Road, Periyar Nagar, Alwarthirunagar, Thiruvallur, Chennai-600087 ...
Petitioner Vs
1. M.Karthick S/o.Murugan, No.15, Sasthiri Road, Periyar Nagar, Alwarthirunagar, Thiruvallur, Chennai-600087. 2.ICICI Lombard General Insurance Co., Ltd Third Party Claim Cell, 84/85, Harihanth Plaza Walltax Road, Chennai 600 001.
3.The District Collector Tiruvallur District.
(R3 suo-motu impleaded vide court order dated 20.01.2025 made in CMP No.23836 of 2024 in CMA SR.No.120726 of 2024 by JNBJ and RSVJ) ...
Respondents For Petitioner :
Mr. M.Venkatesan For Respondents :
R1 - Unclaimed Ms.R.Sreevidhya - For R2 Mrs.R.Anitha, Special Government Pleader - for R3 1/4
ORDER
(Order of the Court was made by R.Suresh Kumar J.) This petition has been filed to declare the petitioner as an Indigent Person.
2. Heard Mrs.R.Sreevidya, learned counsel for the second respondent and Mrs.R.Anitha, learned Special Government Pleader for the third respondent.
3. Learned Special Government Pleader appearing for the third respondent, relying upon a report of the Tahsildar, Maduravoyal dated 18.02.2025 has stated that after due enquiry the Tahsildar came to a conclusion that the petitioner cannot be declared as an indigent person. The relevant portion of the report of the Tahsildar reads thus :
" I respectfully submit that in the circumstances stated above, Thiru G.Manikandan, Son of Govindhan resident of No.26, Savithri Road, Periyar Nagar, Alwar Thirunagar, Thiruvallur, Chennai 600 087 cannot be treated as an Indigent Person and to sue the CMP No.23836 of 2024 in CMP SR.No.120726 of 2024 without paying the Court fee is recommended for rejection on the aforesaid facts and circumstances of the case."
4. In view of the said position that the petitioner since is having financial means and he cannot be declared as an indigent person as no other documents have been filed contra to it, we have to accept the report of the Tahsildar. 2/4
5. Accordingly, the civil miscellaneous petition is dismissed. (R.SURESH KUMAR J.) (A.D.MARIA CLETE J.) 21-02-2025 KST 3/4
R.SURESH KUMAR, J.
AND A.D.MARIA CLETE, J.
KST C.M.P.No.23836 of 2024 in CMA SR.No.120726 of 2024 21.02.2025 4/4