L.S.Balakrishnan v. Pandiyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD) Nos.12725,12730,12731 &12732 of 2022 L.S.Balakrishnan ... Petitioner in all CRPs Vs Pandiyan, Secretary, Pasumpon Muthuramalinga Thevar College, Kallarkalvikazhagam, Vadugapatti Village, Usilampatti Taluk, Madurai District.

... Respondent in all CRPs Common Prayer : Petitions filed under Article 227 of the Constitution of India, to set aside the orders in I.A.Nos.372, 373, 374 & 406 of 2022 in O.S.No.166 of 2022, on the file of the District Munsif Court cum Judicial Magistrate Court, Usilampatti, Madurai District, dated 18.11.2022.

For Petitioner : Mr.K.Surendran (In all CRPs) 1/5

C O M M ON O R D E R These Civil Revision Petitions are filed as against the orders passed by the learned District Munsif cum Judicial Magistrate, Usilampatti, Madurai in I.A.Nos.372, 373, 374 & 406 of 2022 in O.S.No.166 of 2022, dated 18.11.2022.

2.The petitioner is the plaintiff in O.S.No.166 of 2022. The petitioner has filed the above suit for the relief of declaration and for permanent injunction with regard to the administration of Pasumpon Muthuramalinga Thevar College, Usilampatti Taluk, Madurai. The petitioner has also filed interlocutory applications, seeking interim injunction, restraining the defendants from assuming office as a Secretary of the above College. The said applications were dismissed by the learned District Munsif cum Judicial Magistrate, Usilampatti, Madurai on 18.11.2022, as against which, the present Civil Revision Petitions are filed.

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3.The learned counsel appearing for the petitioner submits that though he is having an appeal remedy, he preferred these revision petitions by invoking extraordinary powers of this Court under Article 227 of Constitution of India that the respondents/defendants are attempting to conduct the General Body Meeting on 25.12.2022 and he claims that some urgent orders are required.

4.Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.

5. The petitioner as a plaintiff filed a suit in O.S.No.166 of 2022 and also filed interlocutory applications, seeking interim injunction, restraining the defendants from assuming office as a Secretary of the Pasumpon Muthuramalinga Thevar College, Usilampatti Taluk, Madurai District and those applications were dismissed by the trial Court. The learned counsel for the petitioner submits that since the respondents/defendants are attempting to 3/5

conduct a General Body Meeting on 25.12.2022 at the above College, he filed these revision petitions by invoking Article 227 of Constitution of India. Though the learned counsel for the petitioner claims that some urgent orders are required, that cannot be a ground to entertain these revision petitions, since the petitioner is having a remedy before the Sub Court and also having a further remedy to approach the writ jurisdiction of this Court, if he is so advised.

6. In view of the above, these Civil Revision Petitions are dismissed. However, the petitioner is at liberty to approach the appropriate Forum. No costs. Consequently, connected Miscellaneous Petitions are closed.

23.12.2022 Index : Yes / No.

Internet : Yes / No.

vrn To The District Munsif Court cum Judicial Magistrate Court, Usilampatti, Madurai District.

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B.PUGALENDHI, J.

vrn Common Order made in and CMP(MD) Nos.12725,12730,12731 &12732 of 2022 23.12.2022 5/5