M.Veeramuthu v. Madhivanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI Civil Revision Petition (PD) Nos.835 & 837 of 2025 and Civil Miscellaneous Petition Nos.4963 & 4973 of 2025 M.Veeramuthu ... Petitioner in both CRPs ..Vs..

1.Madhivanan 2.Kasi 3.The District Collector, Collectorate, Salem.

4.The Revenue Divisional Officer, Attur.

5.The Tahsildar, Attur.

6.The Revenue Inspector, Attur, Firka Attur.

7.The Village Administrative Officer, Appamasamuthiram Village, Attur.

... Respondents in CRP.No.835/2025 Madhivanan ... Respondent in CRP No.837/2025 1/6

COMMON PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 07.01.2025 made in Tr.O.P.No.88 of 2023 and Tr.O.P.No.89 of 2023 passed by the learned Principal District Judge, Salem and allow this Civil Revision Petition.

For Petitioner in both CRPs : Mr.D.Gopinathan For Respondents : Mr.P.Navaneetha Krishnan for R1 in CRP No.835/2025 and Respondent in CRP No.837/2025 Mr.L.Rajendran for R2 in CRP No.835/2025 Mr.D.Gopal, Government Advocate For RR3 to 7 in CRP No.835/2025 COMMON ORDER These Civil Revision Petitions are preferred against the dismissal of Transfer Original Petitions filed by the petitioner.

2. Heard the learned counsel for the parties.

3. At the very out set, it is to be noted that the Transfer Original 2/6

petitions have been dismissed for non-prosecution, namely, non-appearance of the petitioner on the assigned day.

4. The specific case of the revision petitioner is that on 17.12.2024, the case was adjourned to 21.01.2025. However, it was taken up even on 04.01.2025, the case was adjourned to 07.01.2025 and on 07.01.2025, the case was dismissed for non-prosecution. Even then, the petitioner ought to have moved an application before the learned Principal District Judge, Salem for setting aside the order of dismissal for default instead of approaching this Court, straightaway, under Article 227 of the Constitution of India.

5. Therefore, giving liberty to the petitioner to move an application before the learned Principal District Judge, Salem to set aside the orders, dismissing the Transfer Original Petitions for non-prosecution and also giving liberty to the respondents to contest the request on merits, these Civil Revision Petitions are allowed with the above direction. The Transfer Original Petitions shall be decided within a period of eight (8) weeks from the date of receipt of a copy of this order. Considering that the revision petitioner has approached this Court for seeking restoration, without requiring any delay application, the 3/6

setting aside applications shall be entertained by the learned Principal District Judge, Salem. No costs. Consequently, the connected miscellaneous petitions are also stand closed.

16.06.2025 ssi Index : Yes Internet : Yes To:

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The Principal District Judge, Salem.

P.B.BALAJI, J.

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and C.M.P.Nos.4963 & 4973 of 2025 16.06.2025 6/6