Madras High CourtCRP(MD)/566/2022allowed

Tamilmani v. Yoganathan

2022-03-23Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.566 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No.566 of 2022 1.Tamilmani 2.Manimegalai 3.Veerasenan 4.Vasuki 5.Kalaiselvan 6.Mangaiyarkarasi 7.Thilagavathi 8.Tamilselvi Thangavel 9.Parvathi 10.Theivanai 11.Gayathiri : Revision Petitioners / Plaintiffs (Plaintiffs 1 to 11 are represented by their power attorney Elamurugan Vs.

1.Yoganathan 2.The Joint Sub Registrar, Sub Registrar Office, Patthukkottai Taluk, Thanjavur District.

: Respondents / Defendants PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Principal District Court, Thanjavur to take on file returned plaint in un numbered O.S.No.... of 2021 in A.No.12511 of 2021.

For petitioners : Mr. P. Vadivel For 2nd Respondent : Mr. S. Shanmugavel

ORDER

The revision petitioners filed this revision to direct the Principal District Judge, Thanjavur to take the returned plaint in un numbered O.S.No.... of 2021 in A.No.12511 of 2021 on file. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.566 of 2022

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners represented the plaint on 15.11.2021 after compliance, but, again it was returned stating that S.No.1 is still hold good. The said S.No.1 earlier power deed, dated 09.10.2012 executed in favour of Swaminathan is cancelled or not. The plaintiffs explained that the said power deed is not related to the suit property. Even then, the Court has returned on 15.11.2021 again he explained the fact and represented the plaint on 17.11.2021. Again, which was returned as S.No.1 is hold good. If it is the said power deed not related to the suit property, the court cannot insist the power deed.

4. So, the Principal District Judge, Thanjavur is directed to number the suit if it is otherwise in order without insisting upon the S.No.1 returned.

5. Accordingly, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) trp To The Principal District Judge, Thanjavur COPY TO:- The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) (directed to return the original papers after substituting the xerox copy of the same) +1 CC to M/s.P.VADIVEL, Advocate ( SR-14139[F] dated 24/03/2022 ) +1 CC to M/s.SPL GP ( SR-14236[F] dated 24/03/2022 ) C.R.P(MD).No.566 of 2022 23.03.2022 VR(CO) GC(24.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2