Madras High CourtCRP(MD)/1785/2018closed

C.Subramonia Pillai v. Vetri Velayuthaperumal

2018-08-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)No.1785 of 2018 and C.M.P.(MD)No.7802 of 2018 C.Subramonia Pillai ...Revision Petitioner/ Defendant No.14 -vs1.Vetri Velayuthaperumal 2.Murugan ... 1 and 2 Respondents / Plaintiffs 3.Thirupanathal Kasi Thirumadam, Represented by its Sheer, Muthukumaraswamy Thambiran, Thirupananthal Kasi Thirumadam, Thiruvidai Maruthoor Taluk, Tanjore District.

4.The Commissioner, Nungampakkam, Chennai.

5.The Joint Commissioner, Thiruvananthapuram Road, Palayamkottai, Tirunelveli District.

6.The Joint Commissioner, Tanjore.

7.T.Neela 8.A.Jeyanthi 9.H.Karthikeyan 10.G.Murugesan 11.Rajathi 12.Brucelin 13.S.Sujanaram 14.Mapri Devi 15.P.Rethinakaran ... Respondent Nos.3 to 15 / Defendant Nos.1 to 13.

16.D.Joseph Isac Raja ... 16th Respondent / Defendant No.15

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to strike off the plaint filed in O.S.No.81 of 2014 on the file of the Principal District Judge At Nagercoil.

For Petitioner: Mr.T.Lajapathi Roy For R4 to R6 : Mr.M.Karuppasamy, Government Advocate.

ORDER

The revision petitioner is one of the defendants in O.S.No.81 of 2014 on the file of the Principal District Judge at Nagercoil. According to the learned counsel appearing for the revision petitioner, the suit is, on the very face of it, barred by Section 108 of the Hindu Religious and Charitable Endowments Act, 1959. I am of the view that if that be so, he can very well take out an application under Order 7 Rule 11(d) of C.P.C, instead of moving this Court directly under Article 227 of Constitution of India. 2.The petitioner is directed to file an application before the court below within a period of two weeks from the date of receipt of a copy of this order. After such application is filed, the same shall be disposed of by the court below within a period of four weeks thereafter. Till disposal of such application, the suit proceedings is put on hold.

3. With this liberty, this Civil Revision Petition is closed. No costs. Consequently, connected C.M.P.(MD) No.7802 of 2018 is also closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Principal District Judge At Nagercoil.

2.The Commissioner, Nungampakkam, Chennai.

3.The Joint Commissioner, Hindu Religious and Charitable Endowment,Thiruvananthapuram Road, Palayamkottai, Tirunelveli District.

4.The Joint Commissioner, Tanjore.

+1CC TO MR.T.LAJAPATHI ROY, ADVOCATE IN S.R.NO.80198. +1CC TO TO SPECIAL GOVERNMENT PLEADER IN S.R.NO.80251. CM DS SV SAR-4 08.10.2018 3P/7C C.R.P.(PD)(MD)No.1785 of 2018 and C.M.P.(MD) No.7802 of 2018 24.08.2018