1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION(PD)(MD) No.666 of 2011 and MISCELLANEOUS PETITION (MD)No.2 of 2011 The Tamil Nadu State Marketing Corporation Urban and Rural Madurai Labours Association, rep. by its President Bose, Manalur, TASMAC Godown, Sivagangai District. .. Petitioner/3rd Defendant Vs. 1.A.Murugan 2.A.Rajangam 3.D.Balasubramniyan 4.S.Kasi 5.S.Alagar Samy 6.S.Easwaran 7.S.Karuppasamy 8.T.Sakthi 9.A.Easwaran .. Respondents 1 to 9/Plaintiffs 10.Tamil Nadu State Marketing Corporation Limited rep. by its Senior Regional Manager, Plot No.100, Anna Nagar, Madurai – 20. 11.The District Manager, The Tamil Nadu State Marketing Corporation Limited, Madurai. .. Respondents 10 & 11/Defendants 1 & 2 Civil Revision Petition has been filed under Article 227 of the Constitution of India against the petition and order dated 22.10.2010 passed in Interlocutory Application No.372 of 2010 in Original Suit No.965 of 2010 by the Sub Court, Thirumangalam. For Petitioner : Mr.M.Kannan For Respondents : Mr.R.Suriyanarayanan 1 to 6, 8 and 9 For Respondents : Mr.M.Muniyasamy 10 and 11 for Mr.J.Ravindran For Respondent No.7 : No appearance ORDER The order of status quo passed in Interlocutory Application No.372 of 2010 in Original Suit No.965 of 2010 by the Sub Court, Thirumangalam is being challenged in the present Civil Revision Petition. 2. The respondents 1 to 9 herein as plaintiffs have instituted Original Suit No.965 of 2010 on the file of the Court below for the reliefs of declaration and perpetual injunction, wherein the present revision https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner has been shown as third defendant. During pendency of the same, Interlocutory Application No.372 of 2010 has been filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 praying to pass an order of temporary injunction against the respondents therein. The Court below has passed an order of status quo. Against the order of status quo, the present Civil Revision Petition has been filed. 3. The learned counsel appearing for the revision petitioner has contended that in Original Suit No.965 of 2010, the revision petitioner has been arrayed as third defendant, but conveniently the plaintiffs have omitted to include the revision petitioner in Interlocutory Application No.372 of 2010, wherein an order of status quo has been passed and the same affects the interests of the revision petitioner and under the said circumstances the order passed in Interlocutory Application No.372 of 2010 is liable to be set aside. 4. Considering the fact that in Interlocutory Application No.372 of 2010, an order of status quo has been passed and the same has been periodically extended and also considering that the present revision petitioner has not been impleaded in Interlocutory Application No.372 of 2010, the only remedy open to the petitioner is to implead himself in Interlocutory Application No.372 of 2010 and putforth his agitation. Without impleading in Interlocutory Application No.372 of 2010, the present Civil Revision Petition has been filed and that too against the order of status quo. Further against the order of status quo, Civil Revision Petition would not lie and therefore viewing from any angle, the present Civil Revision Petition is not legally maintainable and the same deserves to be dismissed. 5. In fine, this Civil Revision Petition deserves dismissal and accordingly is dismissed without costs. The revision petitioner is at liberty to implead himself as one of the respondents in Interlocutory Application No.372 of 2010. Further it is seen from the representation that the suit itself is ripe for trial and therefore the Sub Court, Thirumangalam is directed to dispose of Original Suit No.965 of 2010 before the end of January, 2012 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS) To The II Additonal Subordinate Judge, Incharge of The Sub Court, Thirumangalam. Copy to : The Section Officer, Judicial Department, Madurai Bench of Madras High Court, Madurai. smn C.R.P(PD)(MD)No.666 of 2011 and M.P(MD)No.2 of 2011 25.11.2011 TR : 01.12.2011 : 2p/3c https://hcservices.ecourts.gov.in/hcservices/