M.Ganesan v. A. Subbaroya Gounder (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Ganesan ... Petitioner vs A.Subbaroya Gounder (Died) 1.R.Athiappan 2.A.Dhanasekaran 3.Palanivel Siyali Chidambaram (Died) 4.The Commissioner H.R.&C.E, Chennai Uthamar Ganthi Road Chennai-34.

5.The Executive Officer Arulmigu Athannooramman Temple Athanor Rasipuram Taluk Namakkal District.

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6.Chezhaiyan @ Sengodan 7.Elumalai 8.V.S.Balakrishnan 9.Namasivayam 10.Aru.Arthanari 11.A.K.Natesan 12.Palaniswamy 13.P.Nallaiyan 14.P.Sundaram ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to fix a time limit for the speedy disposal of the I.A.No.1 of 2019 in O.S.No.139 of 2008 pending on the file of the Subordinate Court, Rasipuram.

For Petitioner : Mr.T.Balaji

ORDER

The Civil Revision Petition is filed seeking a direction to the Subordinate Court, Rasipuram to dispose of I.A.No.1 of 2019 in O.S.No.139 of 2008 within the time fixed by this Court.

2. In view of the limited prayer made by the petitioner, this Court is 2/6

inclined to dispose of the civil revision petition, even without notice to the respondents.

3. The petitioner and others filed a suit seeking to set aside the order dated 17.12.2004 passed by the 4th respondent herein and for a declaration that 'Vizhiyan Kulam Nattu gounder community, Rasipuram, Rasipuram Taluk, Namakkal District was entitled to manage the affairs of the suit temple. The suit was dismissed for default. Hence, the petitioner and other plaintiffs filed an application to restore the suit along with petition to condone delay in filing restoration application in I.A.No.1 of 2019. The said application is pending for the past five years without any progress. Therefore, the petitioner seeks a direction for speedy disposal.

4. A perusal of the adjudication sheet included in the typed-set of papers would suggest that the application in I.A.No.1 of 2019 filed by the plaintiffs has been pending for the past five years, even without completion of pleadings. Therefore, this Court is inclined to issue a direction to the Subordinate Court, Rasipuram to dispose I.A.No.1 of 2019 as expeditiously 3/6

as possible.

5. With the above direction, the Civil Revision Petition stands disposed of. No costs.

21.03.2024 Index : Yes / No Speaking order : Yes / No : Yes / No dm 4/6

To 1.The Subordinate Court, Rasipuram.

2.The Commissioner H.R.&C.E, Chennai Uthamar Ganthi Road Chennai-34.

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S.SOUNTHAR, J.

dm 21.03.2024 6/6