MEDICAL OFFICER Vs. IBRAHIM SHA

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred under Article 227 of the Constitution of India against the Order of the District Munsif, paramakudi in I. A. No. 274 of 2003 in O. S. No. 42 of 2003, granting exparte Interim injunction, restraining the Revision Petitioners from deputing the Doctors to keelakarai and Mandapam Mugaam (Kfhk; ).

(2.) THE Second Respondent / Second Plaintiff Dinakaran was served, but not entered appearance. Service regarding the First Respondent / first Plaintiff is incomplete. However, in consideration of the nature of the contentious points involved in this Civil Revision Petition, notwithstanding "not ready Notice regarding the First Respondent / First Plaintiff", the main Civil Revision Petition itself is taken up for final hearing and disposal.

(3.) WE may straight away refer to the contentious point urged by the Revision Petitioners on the maintainability of the Suit for permanent Injunction, restraining the Revision Petitioners from deputing the doctors to Keelakarai and Mandapam Mugaam. Deputing the Doctors to Keelakarai and Mandapam Mugaam and other places is the sovereign function of the government, regarding which no Civil Suit could be maintained. The District munsif has grossly erred in granting exparte order of Interim Injunction when the maintainability of the Suit itself is highly doubtful.