The petitioner sought rejection of a plaint under Article 227. The Court held that the remedy under Order VII Rule 11 CPC was available and dismissed the revision, reserving liberty to seek rejection under the Code.
The Civil Revision Petition was dismissed; liberty reserved to seek rejection under Order VII Rule 11 CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP.PD.No.944/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP.PD.No.944/2021 & CMP.No.7629/2021
(Heard through Video Conferencing)
K.Mookaiah
... Petitioner
Vs
1.A.Gunasekaran
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CRP.PD.No.944/2021
6.The Deputy Director,
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CRP.PD.No.944/2021
12.The Additional Secretary to Government, Department of Rural Development and Panchayatraj, Chennai – 600 009.
13.The Director/commissioner, Urban and Village Planning Movement, 4th Floor, Sengalvarayan Building, 807, Mount Road, Chennai – 600 002.
14.Sri Athi K.Sridhar
15.R.Manimala, Regional Development Officer, Collectorate Compound, Erode District.
... Respondents
Prayer: The Civil Revision Petition filed under Article 227 of the Constitution of India to strike the plaint in OS.No.63/2020 pending on the file of the District Munsif Court, Bhavani and allow this Civil Revision Petition.
For Petitioner : Mr.V.S.Senthilkumar For R1 : M/s.Zeenath Begum For RR2 to 13 : Mr.M.Bindran, AGP For RR14&15 : No appearance
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ORDER
CRP.PD.No.944/2021
(3) In Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and Others Vs. Tuticorin Educational Society and Others reported in 2019 [9] SCC 538, the Hon'ble Supreme Court has pointed out that High Courts should not normally exercise the jurisdiction under Article 227 when a remedy under the Code is available to the litigant before the Trial Court.
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(4) Hence, this Civil Revision Petition stands dismissed reserving the liberty to the petitioner to seek rejection of plaint under Order 7 Rule 11 CPC, if he is so advised. No costs. Consequently, connected miscellaneous petition is closed.
24.01.2022
AP Internet : Yes Index : Yes / No Speaking order: Yes / No To
The Tamil Nadu Wakh Tribunal, Chennai.
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CRP.PD.No.944/2021
R.SUBRAMANIAN, J.
AP
CRP.PD.No.944/2021
24.01.2022
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2 issues framed by the court
Whether this Court can exercise supervisory jurisdiction under Article 227 to reject the plaint when a remedy under Order VII Rule 11 CPC is available.
Whether the preference for statutory remedies under the Code of Civil Procedure excludes the exercise of inherent jurisdiction under Article 227.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
K.Mookaiah
A.Gunasekaran
The Government of Tamil Nadu
Assistant Director Land Survey
Tahsildar Bhavani
Deputy Director Town and Country Planning Salem
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R.Subramanian
Parties & counsel
