Velmurugan v. Jayamani

ORDER Challenging the findings rendered by the trial Court in I.A.No.2 of 2025 in O.S.No.285 of 2025, the plaintiffs have preferred the above revision.

¶2Before the trial Court, the plaintiffs in O.S.No.285 of 2025 have filed an application in I.A.No.2 of 2025 seeking to permit them to represent the suit for themselves and on behalf of Sadasivapuram Village in Representative capacity. The respondents have also appeared. On hearing both sides, the trial Court held that the villagers appeared in person before the Court and raised objection against the petitioners to file a case in the Representative capacity and also observed that case was registered against the 1st plaintiff in P.S.Cr.No.495/2018 for cheating and misappropriation of accounts during the renovation of temple and also against the other plaintiffs for the offence punishable under Sections 420, 294(b), 506(i) IPC in respect of collection of money during renovation of temple to the tune of Rs.17,34,506/- and dismissed the application. Aggrieved by the same, the plaintiffs have filed the present revision.

¶3Learned counsel for the petitioners/plaintiffs submits that the respondents are not maintaining proper accounts and therefore, the plaintiffs have filed a suit in a representative capacity, but the Court failed to give such opportunity to file a suit against the respondents.

¶4On perusal of the records, it is seen that during the enquiry, the entire villagers appeared before the trial Court and raised objection against the petitioners/plaintiffs to file a suit on behalf of the villagers. Already a case was registered against the 1st plaintiff for misappropriation of temple fund which comes to more than Rs.17,00,000-. Therefore, the trial court has rightly dismissed the application, which requires no interference.

¶5Since the plaintiffs are not entitled to represent on behalf of the entire villagers, as there is an objection on the side of the villagers, the application is not maintainable. T.V.THAMILSELVI.,J sr

¶6In view of the above, the order passed by the trial court requires no interference and the civil revision petition is dismissed. No costs.

05.06.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To The Subordinate Court, Attur, Salem

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI 1. Velmurugan S/o. Raj Gounder Thiruvalluvar Nagar, Sadasivapuram village and Post, Thalaivasal Taluk, Salem District. They are represented as village Representative of Sadasivapuram village and 4 Others 2. Ramesh S/o. Muthusamy Residing at Singarathoppu,TherkuKadu, Sadasivapuram village and Post, Thalaivasal Taluk, Salem District. 3. Venkatesh S/o. Muthusamy Residing at Middle Street, Sadasivapuram village and Post, 4. Parisu @ Ramalingam, son of Raj Gounder Thiruvalluvar Nagar, Sadasivapuram village and Post, Thalaivasal Taluk, Salem District. They are represented as village Representative of Sadasivapuram village 5. Dhanasekar son of Raj Gounder Thiruvalluvar Nagar, Sadasivapuram village and Post, Thalaivasal Taluk, Salem District. They are represented as village Representative of Petitioner(s) Sadasivapuram village Vs 1. Jayamani S/o. Subbaiah Middle street, Sadasivapuram village and post, Thalaivasal Taluk, Salem District. 2.Rajasekar S/o. Subramani East street, Sadasivapuram village and post, Thalaivasal Taluk, Salem District. 3.Srinivasan son of Lakshmana gounder, KillakkuKadu, Sadasivapuram village and post, Thalaivasal Taluk, Salem District. 4.Arumugam son of Karuppanagounder, Thiruvalluvar Nagar, Sadasivapuram village and post, 5.Govindharaj, son of Marimuthugounder, East street, Sadasivapuram village and post, Thalaivasal Taluk, Salem District 6.Palanimuthu S/o. Periyanna Gounder Thiruvalluvar Nagar, Sadasivapuram Village and Post, 7.Angamuthu S/o. Annamalai West Street, Sadasivapuram Village and Post, Thalaivasal Taluk, Salem District 8.Sakthivel alias Sampath Thiruvalluvar Nagar, Sadasivapuram Village and Post, Thalaivasal Taluk, Salem District 9.Kathirvel, Son of Ayyavu, East Street, Sadasivapuram Village and Post, Thalaivasal Taluk, Salem District 10.Govindhan, Son of Iyyasamy Gounder Thiruvalluvar Nagar, Sadasivapuram Village and Post, 11.Rajendran, Son of ChinnuPadayachi East Street, Sadasivapuram Village and Post, 12.Dharmalingam son of ArumugaGounder Thiruvalluvar Nagar, Sadasivapuram Village and Post, 13.Kannan Son of Arumugam West Street, Sadasivapuram Village and Post, Thalaivasal Taluk, Salem District. Respondent(s) Civil Revision Petition filed under Section 115 of Civil Procedure Code against the order and decreetal order passed in I.A.No.2 of 2025 in O.S.No.285 of 2025 dated 08.10.2025 on the file of Subordinate Judge, Attur, Salem District. For Petitioner(s): P. Ganapathy For Respondent(s): M/s.K.Premkumar For R.1 to R.6 and R.8 to R.13