CRP/6909/2026 of Andhara Devi Vs V.Sridevi on 2 November 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the order dated 02.09.2025 passed in IA. No. 8 of 2025 in O.S. No. 13 of 2019 on the file of Court of District Munsif, Tiruttani, wherein the application filed by the petitioners/defendants 1 and 2 to issue witness summons to the Head Clerk of Tiruttani Municipality to give oral and documentary evidence and to cause production of the House Tax Assessment Register for the period of 1992 to 2015 relating to Assessment No.8853 came to be dismissed by the Court below.

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

3. The 1st respondent is the plaintiff who has filed the suit in O.S.No.13 of 2019 seeking for the relief of declaration to declare the Settlement Deed dated 03.11.2012 as null and void and for mandatory injunction.

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CRP No. 6909 of 2026

4. The petitioners, who are the 1st and 2nd defendants, took a stand that they are the real owners of the property and the suit property was a grama natham land and that the first patta was issued in the name of the 1st defendant and that they were in possession and enjoyment of the property. Apart from that, house tax was also paid in Assessment No.8853. In order to substantiate the same, the present application was filed to issue witness summons to the Head Clerk and to cause production of the House Tax Assessment Register.

5. The Court below has dismissed the said application on the ground that the petitioners cannot seeks for such a remedy without approaching the competent authority and seeking the relevant documents, since those documents are in the nature of public documents. The Court below took into consideration the order passed by this Court in S.Arumugasamy case and came to the conclusion that the Head Clerk of the Tiruttani Municipality cannot be summoned without following the necessary procedure.

6. In the considered view of this Court, the order passed by the Court below does not suffer from any perversity warranting the interference of this Court. As rightly held by the Court below, the petitioners are seeking for the public documents which they can easily obtain from the Tiruttani Municipality. For a private dispute between two parties, the Court cannot keep summoning

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CRP No. 6909 of 2026

officials for a mere asking. Under Rule 75(3) of Civil Rules of Practise, where an applicant intends to summon a public officer, the applicant has to satisfy the Court that the necessary application was made for getting certified copies of the documents and that the copies were not issued and therefore, it warrants issuing summons to the concerned officer to produce the documents. If this requirement is not satisfied, there is no question of issuing summons to the public officials.

7. The order passed by the Court below does not warrant interference of this Court. If the petitioners are relying upon the property tax receipts, they can always obtain them from the concerned Municipality and mark them as documents before the Court below.

8. In the result, this Civil Revision Petition stands dismissed. No Costs. Consequently, the connected miscellaneous petition is closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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CRP No. 6909 of 2026

To

1. The District Munsif Court, Tiruttani.

2. The Sub-Registrar, Tiruttani Sub-registrar Office, Gandhi Road, Tiruttani Town And Taluk, Tiruvallur District.

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CRP No. 6909 of 2026

N.ANAND VENKATESH, J. SSR CRP No. 6909 of 2026 02-11-2026

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