Madras High Court
Ponnammal vs The District Collector on 26 August, 2022
Author: R.N.Manjula
Bench: R.N.Manjula
C.R.P.(NPD)No.2687 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P(NPD).No.2687 of 2022
1.Ponnammal
2.Balaji
3.Suresh
4.Santhi @ Kuttiammal ... Petitioners
..Vs.
1.The District Collector,
Collectorate Office,
Dharmapuri District.
2.The Tahsildar,
Taluk Office,
Kariyamangalam Taluk,
Dharmapuri District.
3.The Village Administrative Officer,
Mullikkuttai Village,
Kariyamangalam Taluk,
Dharmapuri District. ... Respondents
Prayer :- Civil Revision Petition filed under Article 227 of Constitution of
India to direct the District Munsif Court, Palacode to number the suit
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https://www.mhc.tn.gov.in/judis
C.R.P.(NPD)No.2687 of 2022
in O.S.No.24/2022 (CNR No.TNDPOE0000202022) and to take the suit
on file, within the time to be stipulated by this Court.
For Petitioners : Mr.R.Bharath Kumar
For Respondents : Mr.E.Vijayanand
Additional Government Pleader
ORDER
This Civil Revision Petition has been preferred challenging the written endorsement of the learned District Munsif, Pallacode and seeking a direction to number the unnumbered plaint filed by the plaintiffs before the District Munsif, Palacode.
2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader for the respondents and also perused the materials available on record.
3. On perusal of the plaint, it is seen that the plaintiffs have filed a suit to declare that the first plaintiff’s husband who is missing for more Page No.2/8 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2687 of 2022 than seven years as dead and also for mandatory injunction against the authorities to issue Death Certificate. The said plaint was returned by the District Munsif, Palacode for the following reason :
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X g ; gk ; o vk;
Representation 24.1.22 t hj pf s ; f dk ; e P j p k d ; wj ;j p d ; m j p f h u t u k ; g p w ; F c l ; g l ; ; ; ; ; l f h h p k';f yk ; tl ;lk ; g y ; y f ; F l ; il m " ; r y ; u h k p a k ; g l ; o f p u h kj ;j p y ; tr pj ; J t U f p w h h ; f s ;/ t hj pf s h y ; F w p g ; g p l g ; g L k ; u h $ h v d ; g t h ; f h z h k y ; n g h d ,lk ; b r d ; i z b f h U f ; F g ; n g l ; il M F k ;/ M d h y ; m t h ; r l ;l g o , w e ;jj hf t p s k ; g [ if b r a ; a n f h h p t hj pf s ; t H f ; F jhf ; f y ; b r a ; J s ; s h h ; f s ;/
4. The learned counsel for the revision petitioners submitted a report by stating that the plaintiffs are residing at Ramiyampatti Village Page No.3/8 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2687 of 2022 within the jurisdiction of the District Munsif Court, Palacode and hence, the Court has got jurisdiction. The wife of the missing person Raja, who is one of the plaintiffs in the suit, is residing at Ramiyampatti Village. The averments made in the plaint would show that first plaintiff’s husband Raja was missing only from Chennai, when he was admitted in the Stanley Hospital, Chennai for treatment.
5. The learned counsel for the revision petitioners further submitted that the relevant provisions applicable for the case in hand is Section 20 of the Code of Civil Procedure; Section 20 of the Code of Civil Procedure would say that suit of this nature should be filed within the jurisdiction of the Court where the defendants reside; the defendants of this case namely the District Collector, the Tahsildar, and the Village Administrative Officer, are having their office at Dharmapuri District within the jurisdiction of the District Munsif Court, Palacode.
6. Since the case does not involve any subject matter like movable or immovable property, the Court cannot invoke Sections 16 and 17 of Page No.4/8 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2687 of 2022 the Code of Civil Procedure. Section 19 of the Code of Civil Procedure has got no application because it is not a suit for compensation. Even according to Section 18 of the Code of Civil Procedure, if there is any confusion about the jurisdiction and if the subject matter of the suit property is situated in more than one place, the plaintiff has got liberty to file the suit in either place where the jurisdiction lies.
7. In these kinds of cases, only Section 20 of the Code of Civil Procedure can be invoked. Section 20 of Code of Civil Procedure gives a liberty for the plaintiff to file a suit either where the defendants are residing or where the cause of action has arisen partly or fully. Since the parties against whom the plaintiff has sought the relief of mandatory injunction to issue Death Certificate consequent to the relief of declaration of the death of the first plaintiff’s deceased husband who is missing for more than the statutory period, it is right for the plaintiffs to invoke the jurisdiction of District Munsif Court, Palacode to file the suit. Hence, the learned trial Judge should take the case on file and take it to the next Page No.5/8 https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2687 of 2022 stage.
8. In the result, this Civil Revision Petition is allowed and the learned District Munsif, Palacode is directed to take the plaint on file. The petitioners are directed to re-present the plaint within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
26.08.2022 Index:Yes/No Speaking Order:Yes/No ms Note :
Registry is directed to return the original plaint to enable the petitioners/plaintiffs to re-present the same before the Court below.Page No.6/8
https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2687 of 2022 To
1.The District Munsif Court, Palacode.
2.The District Collector, Collectorate Office, Dharmapuri District.
3.The Tahsildar, Taluk Office, Kariyamangalam Taluk, Dharmapuri District.
4.The Village Administrative Officer, Mullikkuttai Village, Kariyamangalam Taluk, Dharmapuri District.
5. The Section Officer, V.R.Section, High Court, Madras.Page No.7/8
https://www.mhc.tn.gov.in/judis C.R.P.(NPD)No.2687 of 2022 R.N.MANJULA, J.
ms C.R.P(NPD).No.2687 of 2022 26.08.2022 Page No.8/8 https://www.mhc.tn.gov.in/judis