Madras High CourtCRP(MD)/2278/2015dismissed

T. Perumalsamy v. Balaji

2017-03-222 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P.(PD)(MD)No.2278 of 2015 and MP(MD)No.1 of 2015 T.Perumalsamy ... Petitioner Vs.

1. Balaji

2. Kothaiammal

3. Muralidharan

4. Jeyabharathi

5. Valarmathi

6. The Commissioner, Aruppukottai Municipality, Pandalgudi Road, Aruppukottai Town, Virudhunagar District.

7. The Assistant Junior Engineer (Distribution) North Tamil Nadu Electricity Board, Near to Nadar Theppakulam, Aruppukottai Town, Virudhunagar District.

... Respondents Prayer: The Civil Revision Petition is filed under Article 227 Constitution of India against the fair and final order dated 19.06.2015 made in I.A.No.3 of 2014 in O.S.No.46 of 2012 on the file of the Subordinate Judge, Virudhunagar District. For Petitioner : Mr.P.Santhosh Kumar For R1 to R3 : Mr.V.Perumal

O R D E R

The revision petition is directed against the dismissal of impleading petition filed under Order 1 Rule 10(2) and Section 15 of C.P.C.

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

2. The case of the revision petitioner is that in the

partition suit, the proposed defendants viz., the Commissioner, Aruppukottai Municipality and Assistant Junior Engineer, Tamil Nadu Electricity Board are necessary parties, since they are giving building plan approval and electricity service connection to the suit property.

3. The trial Court has found that these two officials are not necessary parties, since the matter pertaining to the title and not regarding the amenities or facilities provided by the Government officials to the said property. This Court totally concurs with the view of the trial Court. Hence, this Civil Revision Petition is dismissed. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Commissioner, Aruppukottai Municipality, Pandalgudi Road, Aruppukottai Town, Virudhunagar District.

2. The Assistant Junior Engineer (Distribution) North Tamil Nadu Electricity Board, Near to Nadar Theppakulam, Aruppukottai Town, Virudhunagar District.

3. The Subordinate Judge, Virudhunagar District.

+ 1 CC TO Mr.P.SANTHOSH KUMAR, ADVOCATE IN SR No. 17715 + 1 CC TO Mr.V.PERUMAL, ADVOCATE IN SR No. 17295 AKV TE/RR/SAR-IV : 25/04/2017 : 2P/6C C.R.P.(PD)(MD)No.2278 of 2015 and MP(MD)No.1 of 2015 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/