K. Vasudevan vs The Commissioner

Court
Madras High Court

CRP No. 6815 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6815 of 2026
and CMP No. 29303 of 2026
CNR: {HCMA012382982026}
K. Vasudevan
S/o. Late. Ramakutty,
No.21, O.No.6/1,
Venkatachalapathy 2nd Street,
Shenoy Nagar,
Chennai 030.
..Petitioner(s)
Vs
1. The Commissioner
Hindu Religious and Charitable Endowment
Board,
Uthamar Gandhi Salai,
Nungambakkam High Road,
Chennai 034.
2. The Joint Commissioner
Hindu Religious and Charitable Endowment
Board,
Regional Transport Office Road,
Nehru Nagar Phase 2,
Sathuvachari,
Vellore 632 009.
3. The Assistant Commissioner
Hindu Religious and Charitable Endowment
Board,
District Collectorate Campus,
Kancheepuram 631 501
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CRP No. 6815 of 2026
4. The Executive Officer
Ekambarnathar Thirukovil Devasthanam
Kancheepuram.
..Respondent(s)
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to allow the above Civil Revision Petition by setting aside the order of
dismissal dated 09.09.2026 passed in IA No.7 of 2026 in OS No.6434 of 2024
on the file of the 4th Assistant Judge, City Civil Court, Chennai and pass such
further or other orders as this Court.
For Petitioner(s): Mr.K.A.Mariappan
For Respondent(s): Mrs.D.Chitra Maragatham
Government Advocate
ORDER
This Civil Revision Petition has been filed under Article 227 of the
Constitution of India challenging the order dated on 09.09.2026 passed in IA
No.7 of 2026 in OS No.6434 of 2024 on the file of the 4th Assistant Judge, City
Civil Court, Chennai, wherein the application filed by the petitioner/plaintiff
under Order VI Rule 17 of C.P.C., to amend the short and long cause title and
implead the Joint Commissioner, HR & CE Department, Kancheepuram, as the
defendant in the place of Joint Commissioner, HR & CE Department, Vellore,
came to be rejected by the Court below.
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CRP No. 6815 of 2026
2.Heard the learned counsel for the petitioner and the learned counsel
appearing on behalf of the respondents and carefully perused the materials
available on record and this Court also carefully went through the order passed
by the Court below.
3.The petitioner is the plaintiff who filed the suit in O.S.No.6434 of 2024
seeking for the relief of declaration and permanent injunction. When the suit
nd
was filed, Joint Commissioner, HR & CE, Vellore was impleaded as the 2
defendant. This was objected to by the HR & CE Department right from the
beginning by way of filing a written statement. An issue was also framed in that
regard and the trial commenced and PW1 was also cross-examined in this
regard and at that stage, the petitioner/plaintiff filed IA No.7 of 2026 under
Order VI Rule 17 of C.P.C., to amend the short and long cause title by including
the Joint Commissioner, HR & CE Department, Kancheepuram in the place of
the Joint Commissioner, HR & CE Department, Vellore. The same came be to
dismissed by the Court below. Aggrieved by the same, the present Civil
Revision petition has been filed before this Court.
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CRP No. 6815 of 2026
4.The main ground urged on the side of the petitioner is that due to
oversight such a mistake had taken place.
5.Per contra, on the side of the respondents, it is submitted that this was
an issue which are raised right from the beginning by the HR & CE Department
and that an issue had also been framed in this regard and questions have been
put in the cross-examination and thereafter, the present application was filed.
Therefore, it is contended that the plaintiff was right through aware about the
fact that it is only the Joint Commissoner, Kancheepuram, who must be made as
a party and whereas, for reasons best known to the plaintiff, he continued to
prosecute the suit by showing the Joint Commissioner, Vellore, as a defendant.
6.In the considered view of this Court, once an amendment is sought for
post trial, proviso to Order VI Rule 17 of C.P.C., must be strictly applied and
the plaintiff must establish that, in spite of showing due diligence, such an
amendment was not able to be sought for at the earliest point of time. This
requirement is missing in the present case and therefore, the Court below had
dismissed the application. The said order does not suffer from any perversity
warranting the interference of this Court.
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CRP No. 6815 of 2026
7.If according to the petitioner, the suit cannot be prosecuted with this
defect, it is always left open to the petitioner/plaintiff to file an application
under Order XXIII Rule 1 of C.P.C., to seek for the permission to withdraw the
suit and to file a fresh suit. Except giving this clarity, no further orders can be
passed in this Civil Revision Petition.
8.In the result, this Civil Revision Petition is disposed of in the above
terms. No Costs. Consequently, the connected miscellaneous petition is closed.
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SSR
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CRP No. 6815 of 2026
To
1. The IVth Assistant Judge, City Civil Court, Chennai .
2. The Commissioner
Hindu Religious and Charitable Endowment Board,
Uthamar Gandhi Salai,
Nungambakkam High Road,
Chennai 034.
3. The Joint Commissioner
Hindu Religious and Charitable Endowment Board,
Regional Transport Office Road,
Nehru Nagar Phase 2,
Sathuvachari,
Vellore 632 009.
4. The Assistant Commissioner
Hindu Religious and Charitable Endowment Board,
District Collectorate Campus,
Kancheepuram 631 501
5. The Executive Officer
Ekambarnathar Thirukovil Devasthanam
Kancheepuram.
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CRP No. 6815 of 2026
N.ANAND VENKATESH, J.
SSR
CRP No. 6815 of 2026
02-11-2026
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