N.Devika Vs The District Collector of Thiruvallur

the District Munsif cum Judicial Magistrate Court, Madhavaram and allow this Civil Revision Petition with a direction to number the plaint in OS SR No.85 of 2026.

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For Petitioner(s):	Ms.G.Kiruthika
For Respondent(s):	Mr.V.Balakrishnan,GA For R1 to R3

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Order

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This Civil Revision Petition has been filed, challenging the docket order returning the plaint filed by the petitioners on the ground that the suit is not maintainable.

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2.Learned counsel for the petitioners has made an endorsement stating that the suit is maintainable. According to the petitioners, despite the same, the Trial Court has not numbered the suit. Admittedly, as seen from the impugned docket order dated 04.03.2026, it is a non-speaking order with regard to the contentions raised by the petitioners in this petition.

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3.Necessarily, the petitioners must be granted an opportunity to raise all

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their contentions with regard to the maintainability of the suit and the Trial Court will have to consider the same, on merits and in accordance with law and only thereafter, decide as to whether the suit is maintainable or not.

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

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CRP No. 3200 of 2026

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4.Since the impugned order is not a speaking order, this Civil Revision Petition is disposed of by directing the petitioners to re-present the suit before the very same Trial Court i.e. the District Munsif cum Judicial Magistrate Court, Madhavaram in O.S.SR. No.85 of 2026 within a period of one week from the date of receipt of the re-presentation of the plaint along with the documents within the stipulated time.

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5.The registry of the District Munsif cum Judicial Magistrate Court is directed to post the suit in O.S.SR. No.85 of 2026 ‘for maintainability’, within a period of two weeks from the date of re-presentation of the plaint by the petitioners and the Trial Court shall hear the arguments of the learned counsel for the petitioners with regard to the maintainability of the suit. If the Trial Court decides that the suit is maintainable, it shall number the suit and issue summons to the defendants and if the Trial Court finds that the suit is not maintainable, it shall pass a speaking order with regard to the contentions of the petitioners.

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6.The Registry is directed to return the original plaint to the learned counsel for the petitioners to enable her to re-present the plaint before the Trial Court. With the above observation, this Civil Revision Petition is disposed of. No costs.

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11-06-2026

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VGA

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__________ Page3 of 4

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

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CRP No. 3200 of 2026

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ABDUL QUDDHOSE J.