Madras High Court
CRP/5240/2026 of D.N.S.Sharanpriya Vs The Special District Revenue Officer on 28 August 2026
CRP.No.5240 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.08.2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP.No.5240 of 2026
D.N.S.Sharanpriya
..Petitioner(s)
Vs.
1. The Special District Revenue Officer
(Land Acquisition), Highways,
Salem, Salem District – 636 001.
2. N.Sampath
3. Shanthi
4. Jayanth
5. Sudha
..Respondent(s)
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to call for the records relating to the refusal to number the
I.A.Sr.No.7723, filed under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure in L.A.O.P.No.267 of 2025 on the file of the learned Principal District Judge, Salem and consequently, direct the learned Principal District Judge, Salem to number the I.A.Sr.No. 7723 of 2026 in
L.A.O.P.No.267 of 2025 and dispose of the same on its own merits and in accordance with law, after affording opportunity to all parties, within a time frame to be fixed by this Hon’ble Court.
For Petitioner(s)
: M/s.P.Bakkiyalakshmi
for Mr.Krishna Moorthy.N
For Respondent(s)
: Mr.P.Sunil, GA(C.S.), for R1
CRP.No.5240 of 2026
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ORDER
This Civil Revision Petition has been filed seeking to set aside the docket orders passed in I.A.Sr.No.7723 of 2026 in L.A.O.P.No.267 of 2025 by the learned Principal District Judge, Salem, refusing to number the said application, and consequently, to direct the learned Principal District Judge, Salem, to number the said application and dispose of the same on its own merits and in accordance with law, after affording an opportunity to all parties.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The present Civil Revision Petition has been filed challenging the return of the application filed by the petitioner under Order I Rule 10(2) read with Section 151 of the Code of Civil Procedure in I.A.Sr.No.7723 of 2026 in L.A.O.P.No.267 of 2025 on the file of the learned Principal District Judge, Salem, with an endorsement questioning the maintainability of the claim petition made by the petitioner.
4. I find that on an earlier occasion ie., on 29.06.2026, when the claim petition was returned, compliances were effected and the application was re- presented on 29.07.2026, which was once again returned on 31.07.2026.
CRP.No.5240 of 2026
5. The decision of this Court in Selvaraj and others Vs. Koodankulam Nuclear Power Plant India Limited, through its Project Director, Koodankulam, Ramanathapuram Taluk, Tirunelveli District, reported in 2021
(4) CTC 539, clearly sets out guidelines for Trial Courts to follow when dealing with applications at the numbering stage. This Court held that when the Registry raises queries regarding maintainability and the same is also complied/ re-presented, the Court must hear the petitioner or the learned counsel in open court before deciding the issue and the papers cannot be sent back and forth by the Registry on the grounds of maintainability, as a reasoned judicial order is required to be passed in such matters.
6. In view of the above, the impugned docket orders dated 29.06.2026 and 31.07.2026, returning the application in I.A.Sr.No.7723 of 2026 in L.A.O.P.No.267 of 2025, are hereby set aside.
7. Registry is directed to return the original application in I.A.Sr.No.7723 of 2026, within one week from the date this order being uploaded to the High Court’s website, to enable the learned counsel for the petitioner to re-present the same before the learned Principal District Judge, Salem, within one week thereafter. Upon such re-presentation, the learned Principal District Judge, Salem, shall hear the petitioner or the learned counsel for the petitioner and pass
CRP.No.5240 of 2026
appropriate orders, on merits and in accordance with law, on the issue of maintainability, within a period of two weeks.
8. With the above directions and observations, this Civil Revision Petition stands allowed. No costs. 28.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No skt To:
1. The Principal District Judge, Salem.
2. The Special District Revenue Officer (Land Acquisition), Highways, Salem, Salem District – 636 001.
CRP.No.5240 of 2026
P.B.BALAJI, J. skt CRP.No.5240 of 2026 28.08.2026