Madras High Court
CRP/5304/2026 of D.Arul Murugan Vs Pachaiyammal on 7 September 2026
CRP No. 5304 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-09-2026
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
CRP No. 5304 of 2026
1. D.Arul Murugan
S/o Late Devarasu, Res at No.154,
Mariamman Kovil Street, Omandur,
Villupuram Dt 604 102 and 3 Others
2. H.Anitha
W/o Late Harikrishnan, Res at No.118,
Mariamman Kovil Street, Omandur,
Villupuram Dt 604 301
3. H.Adhikesavan
S/o Late Harikrishnan, Res at No.118,
Mariamman Kovil Street, Omandur,
Villupuram Dt 604 301
4. D.Ayyanar
S/o Late Devarasu, Res at Gengaiamman
Kovil Street, Omandur, Villupuram Dt 604
Petitioner(s)
Vs
1. Pachaiyammal
W/o Late Devarasu, Res at Gengaiamman
Kovil Street, Omandur, Villupuram Dt 604
2.M.Meenakshi
W/o G.Murugan, D/o Late Devarasu, Res at No.4/33, Kamarajar St, Devadanampettai Village, Gingee Taluk, Villupuram Dt 604
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CRP No. 5304 of 2026
3.R.Harish
S/o S.Ramesh, Res at No.87, 7th Street,
Secretariat Colony, Kellys, Kilpauk,
Chennai 600 010
4.The Sub Registrar
Sub Registrar Office, Sannadhi Street,
Mailam, Tindivanam Villupuram Dt 604
Respondent(s)
Revision filed under Article 227 of Constitution of India to set aside the docket order dated 11.08.2026 passed in O.S.SR.No.574 of 2026 on the file of Subordinate Court, Tindivanam and consequently direct the said Court to take the petition on file.
For Petitioner(s):
E.Aadith Vijay
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ORDER
Heard the learned counsel for the petitioners. The petitioners are aggrieved by the repeated returns of the suit at the unnumbered stage.
2. Learned counsel for the petitioners has pointed out the nature of returns and also several compliances made as well as detailed memo justifying the filing of the suit before Subordinate Court, Tindivanam. 6. Learned counsel for the petitioners also states that though the filing was on-line, the on-line site does not reflect return of the suit.
3. This Court in This Court in K. Selvaraj and others vs Koodankulam
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CRP No. 5304 of 2026 Nuclear Power Plant Indian Ltd reported in 2021 4 CTC 539 has held that the Court is not supposed to repeatedly return the plaint and has to post the matter in open Court and hear the counsel’s argument on maintainability if so warranted. Admittedly, in the present case, despite compliances being made repeatedly, the Court below has cited some reason or other to return the plaint. Though the petitioners’ counsel has also filed a detailed Memo justifying the presentation of the plaint on the said reliefs and the court fee before the Subordinate Court, Tindivanam, yet, the trial Court has not numbered the suit.
4. In the light of the ratio laid down in Selvaraj’s case referred herein supra, the Subordinate Court, Tindivanam shall post the matter in open Court and hear the counsel for the plaintiffs and thereafter pass orders on the maintainability of the suit.
5. Registry shall return the original plaint to the counsel for the petitioners to enable the plaint to be represented before the Subordinate Court, Tindivanam within a period of one week from the date of receipt of the same from the Registry. The original plaint and the related papers shall be returned to the counsel for the petitioners within one week from the date of this order being uploaded in the High Court Website.
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CRP No. 5304 of 2026 P.B.BALAJI.,J sr
6. With the above direction, the civil revision petition is disposed of. No costs. 07.09.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To The Subordinate Court, Tindivanam CRP No. 5304 of 2026
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CRP No. 5304 of 2026
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CRP. No.5304 of 2025 P.B.BALAJI.J., A mention was made by the learned Government Advocate, Mr.P.Sunil, requesting for his name to be reflected in the order passed in the revision petition, since at the time of hearing and disposing of the revision, he was the Government Advocate appearing for the fourth respondent.
2. In the light of the above, the name of Mr.P.Sunil, learned Government Advocate shall be incorporated on behalf of the fourth respondent.
3. Registry shall issue a fresh copy of the order after incorporating necessary corrections.
4. Except for the aforesaid modifications, order dated 07.09.2026 remains unaltered in all other respects. 09.10.2026 rkp
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P.B.BALAJI.J., rkp CRP. No.5304 of 2025 09.10.2026
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