A. Muthulakshmi vs A. P. Kumanan
- Court
- Madras High Court
CRP No. 6977 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6977 of 2026
CNR: {HCMA012247982026}
1. A. Muthulakshmi
Door No.13G,
Saminathapurani extension,
15 Velampalayam,
Tirupur
2. S. Saminathan
New D.No.51,
52 Old No 13A1,
Saminathapurani extension,
15 Velampalayam Tirupur
3. K. Jaganathan
D.No.219,
Housing Unit,
15 Velampalayam,
Tirupur
4. Nirmala Devi
D.No.2/50,
Amman Nagar,
Pongupalayam,
Tiruppur
..Petitioner(s)
Vs
1. A. P. Kumanan
Door NO.1/545A,
TPN Garden,
K. Chettipalayam,
TiruppurTiruppur
2. Durai Dhandapani
Door No. 1/270,
Nochipalayam,
__________
Page1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )
CRP No. 6977 of 2026
Pollikalipalayam Via,
Peruntholouvu,
Tiruppur
3. Kumudham
No 18,
Anna Street,
15 Velainpalaymn,
TirUppuf
4. Eswari
W/o Selvam,
Ward No 1,
Rayampalay,
Avinashi
5. Vijaya
Ward No 1. Rayampalayam,
Avinashi
6. S. Prabhu
Ward No 1,
Rayampalayam,
Avinashi
7. S. Manikandan
Ward No 1,
Rayampalayam Avinashi
8. Selvi
Door Nd. Vavipalayam,
Tiruppur
9. Jothi Mani
Door No,2/161/A,
Vavipalayam,
Tiruppur
10.Dhanalakshmi
Door No. 2/161/A,
Vavipalayam,
Tiruppur
__________
Page2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )
CRP No. 6977 of 2026
11.Selvaraj
Door No. 2/161/A,
Vavipalayam,
Tiruppur
12.Rathinasamy
Door No. 2/161/A,
Vavipalayam,
Tiruppur
13.Lakshmi
Door No.11/215,
Kasthuri Bai Street,
Avinashi
14.Jothi @ Jothimani
Door No.18 B,
Muhiyappah Kdvil Street,
Avinashi
15.Anguthai
Door No.28K,
Muniyappan Kovil Street,
Awiashi
16.Sivagami
Door No. 1/102,
Kulle Gounden Pudhur,
Aandipalayam,
Mangalam Road,
Tiruppur
17.Vasanthi
Door No,
13/27,
Bharathi Street,
Avinashi
..Respondent(s)
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set- aside the docket order dated 28.08.2026 in O.S.SR No.698 of 2026
__________
Page3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )
CRP No. 6977 of 2026
on the file of the Subordinate Judge, Avinasi and to direct the Subordinate
Judge, Avinasi to number the suit in O.S.SR No.698 of 2026 on the file of
Subordinate Judge, Avinasi and render justice.
For Petitioner(s): Mr.J.Franklin
ORDER
This Civil Revision Petition has been filed questioning the docket order
dated 28.08.2026 and for a direction to the Sub Court, Avinasi, to take the plaint
on file, number the same and proceed further in accordance with law.
2.Heard the learned counsel for the petitioner and carefully perused the
materials available on record.
3.The petitioners filed the suit seeking for the relief of declaration to
declare the judgment and decree passed in O.S.No.277 of 2022 as null and void
and not binding on the plaintiff and for permanent injunction. Since the
petitioner/plaintiff was not a party to the proceedings, the suit was valued at
Rs.5 Lakhs and Court fees paid under Section 25(d) of the Tamil Nadu Court-
Fees and Suits Valuation Act, 1955.
4.The Court below returned the plaint on the ground that the correct Court
fees has not been paid, even though the suit has been valued at Rs.5 Lakhs. The
__________
Page4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )
CRP No. 6977 of 2026
petitioner re-presented the plaint and justified the payment of Court fees under
Section 25(d) of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955,
through memo dated 25.08.2026. In spite of the same, the Court below once
again returned the plaint on the ground that the plaintiff had valued the plaint
for the purpose of Court fees at Rs.6,000/- and it falls below the pecuniary
jurisdiction of the Court. Aggrieved by the same, the present Civil Revision
Petition has been filed before this Court.
5.In the considered view of this Court, the petitioner/plaintiff has valued
the suit at Rs.5 Lakhs. However, for the purpose of Court fees, the valuation has
been given as Rs.6,000/- and the Court fees have been paid under Section 25(d)
of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955. The same issue
was considered in CRP (MD) No.10 of 2023, and the order was passed on
09.02.2023, wherein this Court held that the petitioner therein had rightly
valued the property for the purpose of payment of Court fees.
6.In view of the above, the Court below is directed to take the plaint on
file, number the same and proceed further in accordance with law.
7.In the result, this Civil Revision Petition stands disposed of in the above
terms. No Costs.
__________
Page5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )
CRP No. 6977 of 2026
8.The Registry is directed to return back the original papers to the learned
counsel for the petitioners to enable the petitioners to re-present the same before
the Court below, within a period of two weeks from the date of receipt of copy
of this order.
05-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SSR
__________
Page6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )
CRP No. 6977 of 2026
To
The Subordinate Judge, Avinasi.
__________
Page7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )
CRP No. 6977 of 2026
N.ANAND VENKATESH, J.
SSR
CRP No. 6977 of 2026
05-11-2026
__________
Page8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/11/2026 01:28:34 pm )