W.A.Sethu Narayana Babu v. M.P.Natayanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2017

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 3829 of 2017 W.S. Sethu Narayana Babu .. Petitioner Vs

1. M.P. Narayanan

2. Haji Mohamed Nainar .. Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, seeking to direct the learned X Judge, Court of Small Causes, Chennai to dispose off the RCOP No. 1198 of 2015 expeditiously within a time frame as fixed by this Court. For Petitioner : Mr. C.P. Sivamohan

O R D E R

This Civil Revision Petition is filed seeking to direct the X Judge, Court of Small Causes, Chennai to dispose off the RCOP No. 1198 of 2015 expeditiously within a time frame as fixed by this Court.

2. The learned counsel for the revision petitioner would submit that the petitioner has filed the R.C.O.P No.1198 of 2015 for eviction, on the ground of demolition and re-construction. According to the petitioner, both the respondents have entered appearance in the RCOP but is dragging on the proceedings for more than two years. When the petitioner entered the witness box as PW-1, the respondents took several adjournments to cross-examine the petitioner. Subsequently, when one J.Munusamy entered the box as RW-1 on behalf of the 1st respondent, was not available for cross examination for several days and then RW-2 the Engineer deposed about the structural conditions of the building, deliberately would not subject himself for cross examination for several days and finally he could be cross examined only on 03.10.2017 and now the matter stands adjourned to 24.10.2017 for further evidence on the respondent's side.

3. According to the petitioner, without considering that he is a senior citizen, the respondents are dragging on the proceedings before the Rent Control Authority, by taking adjournments based on one reason

or the other. Therefore, the petitioner has filed this revision petition, seeking for speedy disposal of the R.C.O.P No. 1198 of 2015.

4. In view of the above facts and circumstances, considering that the petitioner is a senior citizen, this Court is inclined to direct the learned X Judge, Court of Small Causes, Chennai to dispose of the RCOP No. 1198 of 2015, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

5. The Civil Revision Petition is allowed on the above terms. No order as to costs.

25.10.2017 Index: Yes/ No [ Issue order copy within one week ] avr To The X Judge, Court of Small Causes, Chennai

D. KRISHNAKUMAR J., avr CRP (PD) No. 3829 of 2017 25.10.2017