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Madras High CourtCRP/733/2025allowed

L.Thanapal v. A/M.Dhandayuthapanithirukkoil

2025-02-25Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA L.Thanapal

...Petitioner

Vs.

1.A/m.Dhandayuthapani Thirukkoil Rep. by its Deputy Commissioner / Executive Officer, Palani.

2.Hindu Community in General and Citizens of Gobichettipalayam, rep. by Chenniappa Chettiar (died) 3.G.K.Jeyajothi Murugan 4.The Commissioner HR & CE Department, Nugambakkam, Chennai - 600 034.

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5.The Revenue Divisional Officer, Gobichettipalayam, Erode District.

6.The District Munsif, Gobichettipalayam.

7.G.D.Sundaram (exonerated) G.K.Perumal (died) 8.Ramayammal 9.Thirugnanasambandam (Exparte) 10.T.M.Natarajan (Ex parte) Dinakarann (died) Dr.M.R.Subbaiyan (died) Narayana Iyer (died) K.V.Narasimman (died) Dr.K.S.Palanisamy (Died) 2/8

Deivathal (died) P.Sivakumar (died) G.S.Lakshmanan (died) 11.N.R.Thiruvenkadam 12.N.T.Gopikrishnan 13.Jeyasudha 14.Ramamoorthi Thiruvenkadam 15.The Administration General and Official Trustee of Tamilnadu, City Civil Court Additional Building, 1st Floor, AG & OT Office, High Court Complex, Chennai - 600 104.

...Respondents

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Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Sub Judge, Gobichettipalayam to dispose of IA.No.2 of 2022 in IA.No.413 of 2017 in OS.No.76 of 1981 along with IA.No.4 of 2022 and IA.Nos.6 to 9 of 2024 within a time frame.

For Petitioner :

Mr. N.Manoharan For Respondents :

Mr. D.Gopal 1, 4 to 6 Government Advocate.

O R D E R

Seeking an early disposal of IA.No.2 of 2022 in IA.No.413 of 2017 in OS.No.76 of 1981 along with IA.No.4 of 2022 and IA.Nos.6 to 9 of 2024, pending on the file of the Sub Court, Gopichettipalayam, the petitioner is before this Court.

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2.The petitioner before this Court is a third party petitioner. The petitioner has approached the Court on coming to know about the proceedings taken out an application in I.A.No.2 of 2022 to delete his property measuring 1543.75 sq.ft., in Old No.54, New Door No.187, comprised in TS.No.11, Cutchery Street, Gobichettipalayam, Erode District from the schedule of properties set out in IA.No.413 of 2017 in OS.No.76 of 1981, on the ground that these properties are not the properties of Palaniappa Chettiar and Rangammal Charities. Thereafter, other applications have also been moved.

3. The petitioner would submit that the petition in IA.No.2 of 2022 has been pending for the last 3 years without being taken up for enquiry. The petitioner has also filed IA.No.4 of 2022 and IA.Nos.6 to 9 of 2024. These petitions have also not been considered to date.

4. Heard the learned counsel and perused the records. 5/8

5. Taking note of the fact that the application has been pending on the file of the Sub Court, Gobichettipalayam, for the last 3 years, a direction is issued to the learned Sub Judge, Gobichettipalayam to dispose of the aforesaid applications within a period of 1 month from the date of receipt of a copy of this order.

6. The Civil Revision Petition is allowed. No costs. 25.02.2025 Index : Yes/No Internet : Yes/No kan 6/8

To The Sub Judge, Gobichettipalayam.

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P.T. ASHA, J, kan 25.02.2025 8/8