CRP/6488/2026 of R.Muthammal Vs C.Nilavenkatavan alias Nilavenkatam on 8 October 2026

ORDER

This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 22.7.2026 made in I.A.No.6 of 2026 in O.S.No.112 of 2024 on the file of the District Munsif-cum-Judicial Magistrate Court, Elumathur Village, Modakurichi Taluk (for short, the Court below) wherein the application filed by the petitioner/plaintiff under Order XVI Rule 14 of the Civil Procedure Code (CPC) to summon the concerned Authority to produce certain official records relating to the Tamil Nadu Boodhan Board and the revenue records came to be rejected.

2. Heard the learned counsel for the petitioner.

3. This Court has carefully considered the submissions of the learned counsel for the petitioner and perused the materials available on record and more particularly the impugned order.

4. The petitioner, who is the plaintiff, filed the said suit seeking for the relief of permanent injunction restraining the respondent/defendant not to interfere with the peaceful possession and enjoyment of the suit property. In the said suit, the petitioner filed the said application under Order XVI Rule 14 of the CPC seeking to issue summons to the Authorities to produce certain official documents on the ground that the suit property originally belonged to the Tamil Nadu Boodhan Board, that the Government of Tamil Nadu gifted the suit property to the petitioner/plaintiff and that the suit property was developed by the petitioner thereafter. In order to substantiate the same, records were sought for by summoning the witnesses.

5. However, the Court below dismissed the said application on the ground that the Authorities could not be summoned to Courts without the petitioner/plaintiff taking steps to get the certified copies of those documents from the concerned Authorities. The Court below took into consideration the judgment of a learned Single Judge of this Court in the case of Kaliaperumal Vs. Pankajavalli [reported in 1999 (1) MLJ 97].

6. In the considered view of this Court, the impugned order passed by the Court below does not suffer from any perversity warranting the interference of this Court. This Court has categorically held that Rules 75 & 76 of the Civil Rules of Practice should be strictly complied with and that the officials must not be unnecessarily brought before the Courts when the parties themselves can apply for the certified copies of the documents before the concerned Authority and mark the same before the Court concerned.

7. In the light of the above discussions, the civil revision petition is dismissed and the impugned order dated 22.7.2026 made in I.A.No.6 of 2026 in O.S.No.112 of 2024 on the file of the District Munsif-cum-Judicial Magistrate Court, Elumathur Village, Modakurichi Taluk is sustained. Consequently, the connected CMP is also dismissed. 08-10-2026 To The District Munsif cum Judicial Magistrate Court, Elumathur Village, Modakurichi Taluk RS

N.ANAND VENKATESH,J RS CRP.No.6488 of 2026& CMP.No.27922 of 2026 08-10-2026