C.R.P (PD).No.3497 of 2018 &

C.M.P.Nos.19609 & 19612 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R. SUBRAMANIAN

C.R.P (PD).No.

3497

of 2018

&

C.M.P.Nos.19609 & 19612 of 2018

M/s.Mother Teresa Women's University Research

and Extension Centre,

Rep. by its Registrar of

Mother Teresa Women's University,

Teachers Training College Campus,

Saidapet, Chennai – 600 015.

.. Petitioner

Vs.

M/s.Ayyappa Foods,

Rep. by its Proprietor S.B.M.Gowdhaman,

M/s.Mother Teresa Women's University Research

and Extension Centre,

Teachers Training College Campus,

Saidapet, Chennai – 600 015.

... Respondent

Prayer: The Civil Revision petition filed under Article 227 of Constitution of

India for striking of the plaint in O.S.No.5315 of 2018 on the file of 4

th

Assistant, City Civil Court, Chennai.

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C.R.P (PD).No.3497 of 2018 &

C.M.P.Nos.19609 & 19612 of 2018

For Petitioner :

Mr.T.Balaji

for Mr.A.Thiyagarajan

For Respondent :

Mr.P.Rajkumar Pandian

O R D E R

This Civil Revision Petition has been filed seeking rejection of the

plaint in O.S.No.5315 of 2018 on various grounds.

2. I heard Mr.T.Balaji, learned counsel appearing for the petitioner.

3. Mr.T.Balaji would submit that the suit has been filed without

notice under Section 80 of the Civil Procedure Code. He would draw my

attention to the Tamil Nadu Act No.15 of 1984, under which the

petitioner/University came into being. Relying upon Section 18 of the Act the

learned counsel would contend that, since the Vice-Chancellor and other

officers of the University are deemed to be public servants, notice under

Section 80 of C.P.C. is required.

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C.R.P (PD).No.3497 of 2018 &

C.M.P.Nos.19609 & 19612 of 2018

4. Section 18 of the Act reads as follows:

“18. Vice Chancellor and other officers, etc., to be public servants. -

The Vice-Chancellor, the Registrar, the Finance Officer and other

employees of the University shall be deemed when acting or purporting

to act in pursuance of any of the provisions of this Act to be public

servants within the meaning of Section 21 of the Indian Penal Code.”

5. It is the further contention of the learned counsel that in view of

Sub-section (3) of Section 14 of the Act, which provides that the Registrar

would represent University in all suits and other legal proceedings, the suit

filed showing the University represented by the Vice-Chancellor as the

defendant, is liable to be rejected.

6. I do not think these contentions would afford a ground for

rejection of the plaint that too under Article 227 of Constitution of India by

this Court. It is open to the petitioner to approach the Trial Court under Order

7 Rule 11 of Civil Procedure Code. I do not think that I can entertain revision

under Article 227 on the above stated grounds for rejection of the suit. Hence,

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C.R.P (PD).No.3497 of 2018 &

C.M.P.Nos.19609 & 19612 of 2018

the Civil Revision Petition fails and it is dismissed. No costs. Consequently,

connected miscellaneous petitions are closed.

29.07.2020

rsi

Index: No

Speaking order

To

1.IV Assistant Judge,

City Civil Court,

Chennai.

2. The Section Officer,

V.R. Section,

Madras High Court,

Chennai.

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C.R.P (PD).No.3497 of 2018 &

C.M.P.Nos.19609 & 19612 of 2018

R.SUBRAMANIAN, J.

rsi

C.R.P (PD).No.

3497

of 2018

&

C.M.P.Nos.19609 & 19612 of 2018

29.07.2020

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