Arulmigu Adipureeswara Swamy v. The Presiding Officer,

WP No.15145 of 2013 WP No.15145 of 2013 S.M.SUBRAMANIAM, J.

The respective learned counsel appearing on behalf of the parties to the lis on hand brought to the notice of this Court that a revision under Section 115 of the Code of Civil Procedure lies against the order impugned in the present writ petition on the order was passed by the Revenue Court, Karaikkal.

2. Therefore, the petitioner ought to have filed revision under Section 115 of the Code of Civil Procedure in lieu of Section 10 of the Puducherry Cultivating Tenants Protection Act, 1970 (No.9 of 1971). However, the petitioner has erroneously filed the present writ petition under Article 226 of the Constitution of India. The present writ petition is pending for the past about ten years. Thus the rejection of the same would cause serious prejudice to the interest of the petitioner and filing revision petition at this length of time will take further time to complete the process. https://www.mhc.tn.gov.in/judis

WP No.15145 of 2013 S.M.SUBRAMANIAM, J.

Svn

3. Considering the plight of the parties, this Court is inclined to convert the present writ petition as Civil Revision Petition for effective adjudication. Accordingly, WP No.15145 of 2013 is directed to be converted as Civil Revision Petition under Section 115 of the Code of Civil Procedure and the Registry is directed to re-number the present writ petition i.e., WP No.15145 of 2013 as Civil Revision Petition and list the same before the Court holding Roster.

07-06-2023 Svn WP 15145 of 2013 https://www.mhc.tn.gov.in/judis