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Madras High CourtCRP/1616/2018dismissed as infructuous

M.S Subramainiam v. The District Collector

2020-07-27Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2020

CORAM

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN C.R.P.No.1616 of 2018 1.M.S.Subramaniam 2.Saravanan 3.Kannammal 4.Baby 5.Shanmugasundaram 6.Rajendaran 7.Dr.Muthuraja .. Petitioners Vs.

1.The District Collector, Tiruppur.

2.The Divisional Director, Municipality, Kangayam.

3.The Revenue Officer, Kangayam.

4.The Commissioner, Kangayam Municipality, Kangayam District.

5.The President, Kangayam Municipality, Kangayam District.

Jagadeesan (Deceased) 6.Vijayasankar 7.Vidya Goweri 8.Jayakumari ..Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 02.02.2018 passed in I.A.No.1148 of 2017 in O.S.No.320 of 2012 on the file of District Munsif Cum Judicial Magistrate, Kangayam, Tiruppur District.

For Petitioners : Ms. R. Abirami For Respondents : Mr.Aravind Gost, for R1 & R3 Mr. Venkatesh Kumar for R5 Mr. K. Govi Ganesan, for R6 to R8

O R D E R

Mr.Govi Ganesan, learned counsel appearing for R6 to R8 would submit that main suit in O.S. No. 320/2012 itself has been dismissed for default in 05.12.2019 and no application for restoration has been taken out till now.

2.

In view of the same, the civil revision petition which is filed against an order rejecting an application for appointment of Commissioner is dismissed as having become infructuous. It is open to the petitioner to have the C.R.P., restored in the event to the suit is restored. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AT To 1.The District Collector, Tiruppur.

2.The Divisional Director, Municipality, Kangayam.

3.The Revenue Officer, Kangayam.

4.The Commissioner, Kangayam Municipality, Kangayam District.

5.The President, Kangayam Municipality, Kangayam District.

6.The District Munsif Cum Judicial Magistrate, Kangayam, Tiruppur District.

+1cc to M/s.K.GoviGanesan, Advocate, S.R.No.25257 C.R.P.No.1616 of 2018 RR(CO) KKV/12/08/2020