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Assisi Foundation Trust v. E.F.Radhika

Madras HC22 Jul 2025CRP/2679/2025

Case brief

AI extract

What is this about?

Transfer of suits to proper jurisdictional court; Article 227 direction; O.S. Nos.71 of 2024 and 169 of 2023; District Munsif cum Judicial Magistrate Thiruporur to District Munsif Chengalpattu; administrative delay in transfer of court bundle; time-bound disposal within three months; expedition of trial; notice to respondents dispensed with; connected miscellaneous petitions closed; no costs; Madras High Court 2025; P.B. Balaji, J.

What did the court decide?

Direction to the learned District Munsif, Chengalpattu to dispose of the suits (O.S. Nos.71 of 2024 and 169 of 2023) within three months from the date of receipt of the records, along with any pending I.As; notice to respondents dispensed with; connected Miscellaneous Petitions closed; no costs. ¶41

Assisi Foundation Trust Vs E.F.Radhika — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should issue to the Principal District Judge, Chengalpet to send O.S.No.71 of 2024 and O.S.No.169 of 2023, pending on the file of the District Munsif cum Judicial Magistrate, Thiruporur, to the correct and proper jurisdictional court for speedy disposal.

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Court's answer

Considering the report of the learned District Judge, Chengalpattu, the Civil Revision Petitions are disposed of with a direction to the learned District Munsif, Chengalpattu to dispose of the suit within three (3) months from the date of receipt of the records.

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Ratio / Principle

In view of the limited prayer in the Civil Revision Petitions, notice to the respondents is dispensed with.

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Key takeaways

The direction extends to disposal of the suit along with any interlocutory applications pending; the connected Miscellaneous Petitions are closed and there is no order as to costs.ratio¶45

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji, J.), 22.07.2025 — Two civil revision petitions under Article 227 of the Constitution sought a direction to the Principal District Judge, Chengalpet to send O.S. Nos.71 of 2024 and 169 of 2023, pending before the District Munsif cum Judicial Magistrate, Thiruporur, to the correct and proper jurisdictional court for speedy disposal. Pursuant to this Court's order dated 03.07.2025, the learned District Judge, Chengalpattu reported (D.No.3683/A/2025) that he had taken charge only on 05.06.2025 and that administrative delay had held up transfer of the bundles; by communication D.No.3682/A/2025 dated 15.07.2025 the Principal District Judge called upon the Thiruporur Court to forward the records to the District Munsif, Chengalpet. Notice to the respondents was dispensed with in view of the limited prayer. The CRPs were disposed of with a direction to the District Munsif, Chengalpattu to dispose of the suits within three months of receipt of the records, along with pending I.As; connected CMPs were closed with no order as to costs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.07.2025

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CORAM

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THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.Nos.2679 & 2682 of 2025

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and CMP. Nos.15125 & 15134 of 2025

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CRP. No.2679 of 2025:

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1.Assisi Foundation Trust,

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Represented by its Founder Trustee,

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D.Leo.

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2.Assisi Apostolic Family Trust, Represented by its Founder Trustee,

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D.Leo

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3.B.L.Ravichandran

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4.Maria Joseph David

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5.J.Rajendran

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6.Agnes Sagaya Judy Lavanya

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7.Marry Ann

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8.J.Immaculate Asha

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9.Sahaya Sheeba Mangalam

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10.D.Leo ... Petitioners

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Vs.

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1.E.F.Radhika

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2.Prischille Roshan Thomas ... Respondents

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PRAYER : Civil Revision Petition filed under Article 227 of Constitution

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of India, to issue direction to the Principal District Judge, Chengalpet to send the case in O.S.No.71 of 2024 on the file of District Munsif cum Judicial Magistrate, Thiruporur on its correct and proper Jurisdictional Court for the speedy disposal of the same.

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1/4

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https://www.mhc.tn.gov.in/judis

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CRP. No.2682 of 2025:

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1.B.L.Ravichandran

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2.Joseph 3.J.Rajendran 4.Marry Ann David @ Poppy

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5.Daniel 6.J.Immaculate Asha ... Petitioners Vs.

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E.F.Radhika

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... Respondent

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PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, to issue direction to the Principal District Judge, Chengalpet to send the case in O.S.No.169 of 2023 on the file of District Munsif cum Judicial Magistrate, Thiruporur on its correct and proper Jurisdictional Court for the speedy disposal of the same.

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For Petitioners : Ms.Kanimozhi Mathi in both CRPs

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COMMON ORDER

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These Civil Revision Petitions have filed to issue direction to the

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Principal District Judge, Chengalpet to send the case in O.S.No.169 of 2023 on the file of District Munsif cum Judicial Magistrate, Thiruporur to its correct and proper Jurisdictional Court for the speedy disposal of the same.

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2/4

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https://www.mhc.tn.gov.in/judis

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Pursuant to my order dated 03.07.2025, the learned District Judge, Chengalpattu in D.No.3683/A/2025, dated 03.07.2025 has written to the Registry of this Court stating that the learned District Judge has taken charge only on 05.06.2025 and there has been an administrative delay in issuing necessary proceedings for ensuring transfer of bundle from the file of District Munisf cum Judicial Magistrate, Thiruporur to the file of the District Munsif, Chengalapttu. The communication in D.No.3682/A/2025 dated 15.07.2025 by way of order of the learned Principal District Judge, Chengalpattu is also enclosed calling upon the learned District Munsif cum Judicial Magistrate, Thiruporur to send the records in the suit viz., O.S. Nos.71 of 2024 and O.S. No.169 of 2023, immediately to the learned District Munsif, Chengalpet vide order dated 14.07.2025.

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In view of the limited prayed sought for in these Civil Revision Petitions, notice to the respondents is hereby dispensed with. Considering the above report, these Civil Revision Petitions are disposed of with a direction to learned District Munsif, Chengalpattu to dispose of the suit within a period of three (3) months from the date of receipt of the records

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https://www.mhc.tn.gov.in/judis

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P.B.BALAJI.J.,

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along with any I.As that are pending. Connected Miscellaneous Petitions are also closed. No costs.

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22.07.2025

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Speaking/Non-speaking : Yes/No Index : Yes / No rkp