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2025 DAILYLAW 215599 (MAD)

Hari Rajendran v. Sivabala

CRP(MD)/3149/2025 · 2025-10-31

K Kumaresh Babu

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C.R.P.(MD)No.3149 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2025 CORAM THE HON'BLE MR. JUSTICE K.KUMARESH BABU C.R.P.(MD)No.3149 of 2025 Hari Rajendran ...Petitioner Vs. 1.Sivabala 2.The Tahsildar, Papanasam, Thanjavur District. 3.The District Collector, Thanjavur District, Thanjavur. ...Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the Return Order dated 07.10.2025 made in C.P.No. 188 of 2025 in O.S.No.91 of 2025 on the file of the Judicial Magistrate Court, Papanasam, Thanjavur District and allow this Civil Revision Petition. For Petitioner : Mr.G.Gomathisankar, Advocate For R-2 & R-3 : Mr.F.Deepak, Special Government Pleader 1/4 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3149 of 2025 O R D E R This Civil Revision Petition is filed to set aside the Return Order dated 07.10.2025 made in C.P.No.188 of 2025 in O.S.No.91 of 2025 on the file of the Judicial Magistrate Court, Papanasam, Thanjavur District and allow this Civil Revision Petition. 2. The petitioner's copy application for certified copy of the plaint document No.1 which had been filed before the Court is kept pending, against which the petitioner had filed a memo relying upon a judgment of this Court which had been reported in 2003 3 MLJ 211 in the case of K.Nagarajan v. K.S.Ramasamy Another. However, the said memo was returned holding that the petitioner is not entitled to get a certified copy of the photocopy of the documents which was filed before the Court. 3. A perusal of the judgment that has been relied upon by the petitioner would indicate that a party to the proceedings is entitled to get a certified copy of the documents that had been filed by the other party, at any stage of the proceedings, either it be the original document or the photocopy of the document. The Court having accepted the photocopy of a document of a 2/4 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3149 of 2025 plaint , the reason assigned to reject the request of the claim of the petitioner is wholly untenable. 4. For the aforesaid reasons, the petitioner is directed to re-present the copy application in CP No.188 of 2025 and the learned Judicial Magistrate cum District Munsif, Pabanasam, Thanjavur District, is directed to process the same and issue a certified copy of the plaint document No.1 as sought for. 5. With the aforesaid direction, this Civil Revision Petition is disposed of. No costs. 31.10.2025 NCC : yes / no Internet:Yes/No Index:Yes/No Note: Registry is directed to return the original copy application filed in this Civil Revision Petition to the petitioner. pnn 3/4 https://www.mhc.tn.gov.in/judis C.R.P.(MD)No.3149 of 2025 K.KUMARESH BABU , J. pnn To 1.The Judicial Magistrate cum District Munsif Court, Papanasam, Thanjavur District. 2.The Tahsildar, Papanasam, Thanjavur District. 3.The District Collector, Thanjavur District, Thanjavur. 4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. C.R.P.(MD)No.3149 of 2025 31.10.2025 4/4 https://www.mhc.tn.gov.in/judis