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Madras High CourtCRP/3533/2025disposed of

K. Lakshmi v. Minor. Manoj

2025-08-08Honourable Mr.Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-08-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

1. K. Lakshmi W/o. Kannayiram, D/o. Late.

Jaganathan, No.245, Pudur Road Street, Neganur, Villupuram Dt.

2. Saraswathi W/o. Sakthivel, D/o. Late. Jaganathan, Pillaiyar Koil St, Neganoor, Villupuram Petitioner(s) Vs

1. Minor. Manoj Rep.by his Biological father J.

Manikandan, No.101, School Street, Neganur, Madhurapudhur Village, Gingee Taluk, Villupuram Dt.

2.J. Manikandan S/o. Jeganathan, No.101, School Street, Neganur, Madhurapudhur Village, Gingee Taluk, Villupuram Dt.

3.M. Mageshwari W/o. J. Manikandan, No.101, School Street, Neganur, Madhurapudhur Village, Gingee Taluk, Villupuram Dt.

4.The Sub Registrar Gingee.

5.The Tahsildhar Taluk Office, Gingee Taluk, Villupuram 6.The Executive Engineer TANGEDCO, Gingee, Villupuram Dt.

Respondent(s) PRAYER The civil revision petition is filed under Article 227 of the Constitution of India, praying to direct the Ld. Principal District Munsif Court, Gingee to number the unnumbered suit in F.No.OS/180/2025, CNR.TNVP010012212025 without further returning the plaint .

For Petitioner(s):

Mr.C. Harish For Respondent(s):

Mr.N.Muthuvel, GA for RR4 & 5

ORDER

The plaintiff seeks a direction to the learned Principle District Munsif Court, Gingee to number the suit in OS. No.180/2025, CNR.TNVP010012212025.

2.The learned counsel for the petitioner would invite my attention to the return of the plaint on multiple occasions and despite compliances having been made clearly setting out as how to the suit is maintainable, the learned trial court has not taken the suit on file.

3.The said practice of repeatedly returning the plaint has been deprecated by this Court in number of cases.

4. In Selvaraj Vs. Koodankulam Nuclear Power Plant India Limited, represented through its Project Director, reported in (2021) 3 LW 677, this court has given directions to the trial Court with regard to the procedure to be followed while registering and numbering a suit. 5.In the light of the above, I am inclined to direct the plaintiff to represent the plaint within a period of two weeks from the date of getting both the original plaint from the Registry of this Court and the learned Principal District Munsif,

Gingee shall post the matter for maintainability in open court and after hearing the counsel for the plaintiff, shall pass orders on merits and issue necessary directions regarding the numbering of the suit. The Registry shall return the original plaint to the learned counsel for the plaintiff across after getting an acknowledgement from the learned counsel for the petitioner. 6.With the above direction, this civil revision petition is disposed of. No costs.

08-08-2025 jrs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Principal District Munsif, Gingee 2.The Sub Registrar Gingee.

3.The Tahsildhar Taluk Office, Gingee Taluk, Villupuram 4.The Executive Engineer TANGEDCO, Gingee, Villupuram Dt.

P.B.BALAJI J.

jrs 08-08-2025