Dr.v.P.R.Varadharajan and Another v. S.Chellappan and 4 Others

Madras HC20 Apr 2026A/1794/2026

Case brief

AI extract

What is this about?

Madras High Court interlocutory order allowing dispensation of pre-suit notice under Section 80 CPC to governmental/statutory defendants (TN Housing Board Executive Engineer, Tahsildar Velachery Taluk, Joint Sub Registrar) in proposed suit C.S. DR. No. 32985 of 2026; application under Order XIV Rule 8 Original Side Rules with Section 80 CPC allowed on 20-04-2026 by Dr. Justice A.D. Maria Clete; no opinion on merits; suit to be numbered if otherwise in order.

What did the court decide?

Leave granted to dispense with prior notice under Section 80 CPC to Defendants 3 to 5 for institution of the suit; Registry directed to number the suit if otherwise in order. ¶¶33

Dr.v.P.R.Varadharajan and Another Vs S.Chellappan and 4 Others — Madras HC (2026) — LawSathi Research

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A.No.1794 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-04-2026

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CORAM

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THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

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A No. 1794 of 2026

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C.S. DR. No. 32985 of 2026

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Dr.V.P.R.Varadharajan And Another S/o.Dr.V.P.Rama Pandiya Raj, Old No.932/5, New No.172/5 EVR Periyar Road, Second Lane, Flowers Road, Puasawalkam, Chennai 600 084.

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Mr.Vikram Varadharajan S/o.Dr.V.P.R.Varadharajan

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..Applicant(s)

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S.Chellappan And 4 Others S/o.Mr.P.R.Subbiah Ambalam, No.33, E.M.Street, Puduvayal, Sivaganga

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S.Ganesapandian S/o.P.R.SubbiahAmbalam,

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The Executive Engineer Tamil Nadu Housing Board, Besant Nagar Division, No.48, Dr.Muthulakshmi Salai, Adyar, Chennai 600 020.

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The Tahsildar Velachery Taluk, Gandhi Road, Velachery,

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

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A.No.1794 of 2026

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Chennai 600 042.

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The Joint Sub Registrar 1,South Chennai Saidapet, Chennai 600 015.

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..Respondent(s)

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To dispense with notice under Section 80 of the Code of Civil Procedure to Defendants 3 to 5.

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For Applicant(s): M/s. V.G.Suresh Kumar N.K.Vanan M.Yokesh

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--For Respondent(s):

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ORDER

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This Application has been filed under Order XIV Rule 8 of the Original Side Rules read with Section 80 of the Code of Civil Procedure, seeking leave of this Court to institute the suit without issuing prior notice to defendants 3 to 5 under Section 80 CPC.

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This Court has considered the averments made in the affidavit, the nature of

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the relief sought in the suit, and the urgency projected by the applicant. Having regard to the facts and circumstances of the case, and without expressing any opinion on the merits of the rival claims in the suit, this Court is satisfied that the plaintiff has made out sufficient grounds for grant of leave under Section 80 CPC.

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

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A.No.1794 of 2026

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Accordingly, this Application is allowed and the requirement of prior notice under Section 80 CPC is dispensed with to the defendants 3 to 5 for the purpose of institution of the suit. The Registry is directed to number the suit, if it is otherwise in order.

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20-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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

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A.No.1794 of 2026

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