Madras High Court
Thiruvavadudurai Aadhinam vs Courtalam Special Grade Town Panchayat ... on 6 October, 2025
C.R.P(MD)No.2702 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.10.2025
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
C.R.P(MD)No.2702 of 2025
and
C.M.P(MD)No.15884 of 2025
1.Thiruvavadudurai Aadhinam
Rep by its Aadhina Karthar,
Suichindram,
Agastheeswaram Taluk,
Kanyakumari District.
2.The Inspector,
Thiruvavadudurai Aadhinam,
Suichindram,
Agastheeswaram Taluk,
Kanyakumari District. ... Petitioners/Defendants
Vs.
Courtalam Special Grade Town Panchayat Council,
Rep its Executive Officer,
Courtalam,
Tenkasi Taluk,
Tenkasi District ...Respondent/Plaintiff
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to struck off the suit against the petitioner in
O.S.No.167 of 2025 on the file of the learned Principal District Munsif
Court, Tenkasi and allow this Civil Revision Petition with costs.
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C.R.P(MD)No.2702 of 2025
For Petitioners : Mr.M.Ramu
ORDER
The present civil revision petition has been filed to struck off the suit against the petitioner in O.S.No.167 of 2025 on the file of the Principal District Munsif Court, Tenkasi.
2.The learned counsel for the petitioners submits that the suit has been filed against the petitioners seeking a bare injunction without any cause of action. The respondent would place reliance upon the judgments and decrees passed in the year 1986 and 1989, which also indicate that the suit is barred by the period of limitation. Hence, he submits that the suit itself is an abuse of process of Court. Therefore, he seeks this Court to struck off the plaint.
3.I have considered the submission made by the learned counsel for the petitioners and perused the materials available on record.
4.Admittedly, the relief under Section 227 of the Constitution of India to struck off the plaint can be sparingly used in a case where there 2/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/10/2025 01:20:38 pm ) C.R.P(MD)No.2702 of 2025 is an abuse of process of Court. In the present case, the petitioners have a remedy of filing an application under Order 7 Rule 11 of C.P.C., for rejection of the plaint and without doing so, they approached this Court to struck off the plaint. This Court in the present facts of the case do not wish to exercise such powers under Article 227 of the Constitution of India to struck off the Plaint.
5.In fine, this Civil Revision Petition stands dismissed. There shall be no order as to costs. However, liberty is granted to the petitioner to file a necessary application for rejection of the plaint, if he is so advised. Consequently, the connected miscellaneous petition is closed.
06.10.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sn
To
1.The Principal District Munsif Court, Tenkasi.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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