← Library
Madras High CourtCRP(MD)/514/2016allowed

Ramasamy, v. The State Rep By

2018-08-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P(NPD)(MD).No.514 of 2016 Ramasamy ... Petitioner/Plaintiff Vs.

1. The State represented by, The District Collector, Thanjavur.

2. The Tahsildar, Orathanadu, Thanjavur District.

3. The Assistant Engineer, Public Works Department, Grand Anaikattu Channel Division-II, Orathanadu, Thanjavur District.

4. The Assistant Executive Engineer, Public Works Department, Grand Anaikattu Channel Sub Division II, Pattukottai, Thanjavur District.

5. The Executive Engineer, Grand Anaikattu Division, Thanjavur. ... Respondents/Defendants PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the docket order dated 21.01.2016 in unnumbered O.S.No. 2015 on the file of the learned District Munsif cum Judicial Magistrate, Orathanadu. For Petitioner : Mr.G.Karnan For Respondents : Mr.M.Karuppasamy, Government Advocate.

O R D E R

The Revision petitioner filed a plaint bearing A.No.81 of 2016 before the learned District Munsif cum Judicial Magistrate, Orathanadu. The said plaint was returned as not maintainable. The same is questioned in this Civil Revision petition.

2. Heard the learned counsel appearing for the Revision petitioner and the learned Government Advocate appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that only prayer which the petitioner seeks is that he should not be dispossessed except by due of process of law. The said suit cannot be said to be not maintainable. Therefore, the learned trial Munsif is directed to number the same, if the plaint is otherwise in order and dispose of the same in accordance with law.

4. The Civil Revision petition stands allowed, accordingly. Direction is given to the Registry to return the original plaint to the petitioner for re-presentation before the concerned Court. No costs.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The District Munsif cum Judicial Magistrate, Orathanadu.

2. The District Collector, Thanjavur.

3. The Tahsildar, Orathanadu, Thanjavur District.

4. The Assistant Engineer, Public Works Department, Grand Anaikattu Channel Division-II, Orathanadu, Thanjavur District.

5. The Assistant Executive Engineer, Public Works Department, Grand Anaikattu Channel Sub Division II, Pattukottai, Thanjavur District.

6. The Executive Engineer, Grand Anaikattu Division, Thanjavur.

Copy To:-

1. The Record Keeper, E.R/V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies)

2. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.G.KARNAN, ADVOCATE IN SR No. 78896 PMU DS/SKN/SAR-1 : 04/09/2018 : 2P/11C C.R.P(NPD)(MD).No.514 of 2016 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/