1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.2206 of 2011 Selvamani .. Petitioner Vs. 1.Kamatchiammal 2.Dharmaraj 3.The Inspector of Police, Kannivadi Police Station, Dindigul District. 4.Janakiraman, The Deputy Superintendent of Police, Oddanchatram, Dindigul District. 5.The Superintendent of Police, Dindigul District, Dindigul. .. Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the docket order dated 12.11.2011 passed in unnumbered Original Suit No.- of 2011 by the District Munsif Court, Dindigul. For Petitioner : Mr.N.Sathish Babu ORDER The order of return dated 12.11.2011 passed in unnumbered Original Suit No.- of 2011 by the District Munsif Court, Dindigul is being challenged in the present Civil Revision Petition. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.- of 2011 for the reliefs of declaration and permanent injunction, wherein the present respondents have been shown as defendants. The Court below has returned the same on the basis that the defendants 3 to 5 are discharging their statutory duties and how the present suit is maintainable against them. Against the order of return, the present Civil Revision Petition has been preferred at the instance of the plaintiff as revision petitioner. 3. The learned counsel appearing for the revision petitioner has contended that the present suit has been filed for the reliefs of declaration and perpetual injunction and since the defendants 3 to 5 have been making arrangements to interfere with the peaceful possession and enjoyment of the suit property by the plaintiff and that too acted in favour of the defendants 1 and 2, the defendants 3 to 5 have also been impleaded in the present suit, but the Court below without considering the nature of the acts done by the defendants 3 to 5 has erroneously returned the plaint filed in Original Suit No.- of 2011 and therefore the order passed by the Court below is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 4. As stated earlier, the present suit has been instituted for the reliefs of declaration and perpetual injunction. In the plaint, it has been specifically stated that the defendants 1 and 2 have been making arrangements to disturb the peaceful possession and enjoyment of the suit property by the plaintiff. The defendants 3 to 5 are police personnel and they have no connection whatsoever with the suit property so as to disturb the alleged possession of the suit property by the plaintiff. At the most, the defendants 3 to 5 are bound to perform their statutory duties. Considering the nature of the reliefs sought for in the plaint, this Court is of the view that the defendants 3 to 5 are neither necessary nor proper parties so as to grant the reliefs sought for in the plaint. The plaintiff has unnecessarily impleaded the defendants 3 to 5 and therefore the order of return passed by the Court below is perfectly correct and the same cannot be interfered with. But however the revision petitioner can be directed to strike off the defendants 3 to 5 and represent the plaint in question. With the above observations, this Civil Revision Petition can be disposed of. 5. In fine, on the basis of the above observations, this Civil Revision Petition is disposed of without costs. The revision petitioner is directed to strike off the defendants 3 to 5 and represent the plaint in question before the District Munsif Court, Dindigul. The District Munsif Court, Dindigul is directed to number the plaint, if it is otherwise in order. The Registry is directed to give the original plaint to the revision petitioner. Sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To The District Munsif, Dindigul. C.R.P(PD)(MD)No.2206 of 2011 28.11.2011 smn RJ/12.12.11 2p/2c https://hcservices.ecourts.gov.in/hcservices/