Madras High Court

CRP/6684/2026 of K.DURAI (DECEASED), 1.A.SETHU Vs THE STATE OF TAMILNADU on 16 October 2026

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CRP No. 6684 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 6684 of 2026

and CMP No. 28759 of 2026

CNR: {HCMA012449402026}

K.Durai (deceased)

1.A.Sethu

S/o. Annamalai,

Presently residing at

No.6A/34, Ilango Adigal Street,

Choolaimedu,

Chennai-600 094

..Petitioner(s)

Vs

1. The State Of Tamilnadu

Rep by its District Collector,

Then Kancheepuram district,

Presently Chennai District

2. Classic Farms and Country Club(P) Ltd., Rep through their Managing Director, R.Babashankar, No.7,1st Main Road, Gandi Nagar, Chennai-600 020

3. M B Nirmal

S/o. M.S.Basu,

No.20, Giriappa Road,

T.Nagar,

Chennai-600173

4. D Karpagam

W/o. Late Durai,

Residing at No.86/103,

Village High Road,

Solinganallur,

Chennai-600 119

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CRP No. 6684 of 2026

5. Jamuna Devi

D/o. Late Durai,

Residing at No.86/103,

Village High Road,

Solinganallur,

Chennai-600 119

6. D Balachandran

S/o. Late Durai,

Residing at No.86/103,

Village High Road,

Solinganallur,

Chennai-600 119

7. Dhivya

D/o. Late Durai,

Residing at No.86/103,

Village High Road,

Solinganallur,

Chennai-600 119

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 23-06-2026 passed by the Sessions Judge, Mahila Court, Chengalpet, in ununmbered I.A.Sr.No.2191 of 2026 in A.S.No.115 of 2006 and thus render justice For Petitioner(s):

Mr.T.S.Baskaran

For Respondent(s):

Mrs.S.Yogalakshmi

Additional Government Pleader for R1

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ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India, challenging the docket order passed in I.A.Sr.No.2191 of 2026 in A.S.No.115 of 2006, wherein the Court below refused to entertain the

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CRP No. 6684 of 2026

application filed by the petitioners/appellants under Order XLI Rule 5 of C.P.C., to stay the notice issued by the Chennai Corporation dated 02.06.2026.

2. Heard the learned counsel for the petitioners and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

3. A suit was filed by Srimathy Murugammal and Mr.K.Durai, represented by their Power of Attorney seeking for the relief of declaration and for permanent injunction. The suit came to be dismissed by judgment and decree dated 12.04.2006. Aggrieved by the same, an appeal was filed in A.S.No.115 of 2006 before the Court below. During the pendency of the appeal, the petitioners were substituted as appellants. The petitioners filed an application under Order XLI Rule 5 of C.P.C., seeking for the stay of the Show Cause Notice issued by the Chennai Corporation dated 02.06.2026.

4. The Court below refused to entertain the application and rejected the same on the ground that the Chennai Corporation is not a party to the suit and that the petitioners cannot challenge the notice issued by the Chennai Corporation in the present suit. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.

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CRP No. 6684 of 2026

5. In the considered view of this Court, the order passed by the Court below is perfectly in order and does not require any interference. The petitioners cannot be permitted to collaterally challenge the notice in an appeal even without impleading the Chennai Corporation as a party to the proceedings. Therefore, there is no ground to interfere with the order passed by the Court below.

6. In the result, this Civil Revision Petition stands dismissed. No Costs. Consequently, the connected miscellaneous petition is closed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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CRP No. 6684 of 2026

To

1. The Sessions Judge, Mahila Court, Chengalpet

2. The District Collector, State Of Tamilnadu Then Kancheepuram district, Presently Chennai District

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CRP No. 6684 of 2026

N.ANAND VENKATESH, J. SSR CRP No. 6684 of 2026 16-10-2026

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