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2025 DAILYLAW 67254 (MAD)

J.MADHUMITHA v. M.KATHIRESAN

CRP/2698/2025 · 2025-07-04

P B Balaji

Transfer Petitionbody2025

Judgment text

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CRP.No.2698 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2025 CORAM : THE HONOURABLE MR. JUSTICE P.B. BALAJI CRP.No.2698 of 2025 J.Madhumitha ...Petitioner Vs. 1. M.Kathiresan 2. M.Rathinam 3. M.Karthigai Selvi 4. M.Santhanabose 5. S.Suganya 6. M.Ramesh 7. S.Murugesan 8. V.S.Ganesan 9. Muthu 10. Chandralekha ...Respondents Civil Revision Petition filed under Article 227 of Constitution of India, as against the Docket order dated 13.02.2025 in D.V.C.No.2 of 2025 passed by the learned District Munsif cum Judicial Magistrate, Madukkarai. For Petitioner : M/s.V.Vadivalagia Nambi Page No.1 of 4 https://www.mhc.tn.gov.in/judis CRP.No.2698 of 2025 ORDER The Revision petitioner is challenging the docket order dated 13.02.2025 passed by the District Munsif cum Judicial Magistrate, Madukkarai in DVC.No.2 of 2025 on the ground that, the learned District Munsif cum Judicial Magistrate finding prima facie case being made out against the respondents has ordered the same to be taken up against the 1st and 2nd respondents alone. The said order does not speak about the other respondents, viz., respondents 3 to 10. 2. I have heard the learned counsel for the petitioner and I have also gone through the records including the complaint as well the impugned docket order dated 13.02.2025. 3. If at all the Court prima facie finds that no case is made out against the respondents 3 to 10, then reasons have to be assigned for the same. Having held that the Court finds prima facie case against the respondents, the reason for not ordering notice to the respondents 3 to 10 is not even stated. Page No.2 of 4 https://www.mhc.tn.gov.in/judis CRP.No.2698 of 2025 4. In the light of the above, this Civil Revision Petition stands allowed and the docket order dated 13.02.2025 made in DVC.No.2 of 2025 is set aside. The learned District Munsif cum Judicial Magistrate, Madukkarai shall pass a considered order on merits, after affording opportunity to the petitioner as regards the maintainability of the complaint as against the respondents 3 to 10. No costs. 5. Registry is directed to return the original documents to the learned counsel for the petitioner enabling him to represent the same before the learned District Munsif cum Judicial Magistrate, Madukkarai. 04.07.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No To The District Munsif cum Judicial Magistrate, Madukkarai. Page No.3 of 4 https://www.mhc.tn.gov.in/judis CRP.No.2698 of 2025 P.B. BALAJI , J. skt CRP.No.2698 of 2025 04.07.2025 Page No.4 of 4 https://www.mhc.tn.gov.in/judis