M.Murugaiyan v. Chockalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.17306 of 2018 M.Murugaiyan ... Petitioner Vs.

1. Chockalingam

2. Kannaiyan

3. Rajendran

4. Muthiayan

5. Balakrishnan

6. Ganesan

7. The State of Tamilnadu Rep. by the District Collector, Nagapattinam

8. The Tahsildar, Tharangampadi Taluk, Nagapattinam District.

9. The Regional Manager, TNCSC Ltd., Nagapattinam Town, Nagapattinam District.

... Respondents

Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 26.07.2018 passed in I.A.No.75 of 2018 in O.S.No.269 of 2017 on the file of the Court of Principal District Munsiff, Mayiladuthurai. For Petitioner : Mr.A.Muthukumar For Respondents For R1 to R6 : Mr.S.Sounthar For R7 to R9 : Dr.S.Suriya Government Advocate (CS)

ORDER

This Civil Revision Petition is directed as against fair and decreetal order dated 26.07.2018 passed by the learned Principal District Munsiff, Mayiladuthurai, in I.A.No.75 of 2018 in O.S.No.269 of 2017, thereby allowing the petition to implead the respondents 1 to 6. 2.

The petitioner is plaintiff and the respondents 7 to 9 are the defendants. The petitioner filed suit in O.S.No.269 of 2017 for bare injunction restraining the respondents 7 to 9 from locating the TNCSC purchasing centre in the cement thrashing floor in Thamaraimedu area either by constructing a building or by other means. While pending the suit,

the respondents 1 to 6 filed petition in I.A.No.75 of 2018 to implead themselves as parties to the suit proceedings. The Court below allowed the said petition for the reason that for effective and complete adjudication, the respondents 1 to 6 are necessary parties to the suit. 3.

On perusal of records revealed that the respondents 1 to 6 filed petition to implead themselves as parties for the reason that they are the residents of Kanjanagaram Village. On the north of Thamaraikulam, there is a vast extent of land and thrashing floor is situated in a part of it. It has been proposed for setting up a paddy purchase centre for the welfare of the agriculturist and the entire village. Further a number of petitions were given by the general public for setting up the paddy purchase centre. Therefore, they are the necessary parties to decide the suit and the trial Court rightly allowed the petition and impleaded the respondents 1 to 6 as parties to the suit. This Court finds no illegality or infirmity in the order passed by the Court below.

4.

Accordingly, this Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to cost.

28.06.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

To

1. The Principal District Munsiff, Mayiladuthurai

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts and C.M.P.No.17306 of 2018 28.06.2021