Madras High CourtCRP/3953/2017disposed of

Rajeswari v. Ruba

2017-10-31Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.NPD.No.3953 of 2017

1. Rajeswari

2. Minor Naveen Kumar, Rep by Natural Guardian Rajeswari ..Petitioners Vs.

1. Ruba

2. P.Selvakumar ..Respondents PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India against the petition and order dated 04.09.2017 in IA.SR.No.3714 of 2017 in MCOP.No.1872 of 2014 on the file of Motor Accident Claims Tribunal, (Special Court) Dharmapuri, to number and disposed on merits for not furnishing certified copies in the above case.

For Petitioners : Mr.K.Sudhakar

ORDER:

According to the petitioners, the petitioners have filed an application requesting to furnish the petition, documents and the certified copy of the award passed in MCOP.No.1872 of 2017. But, the court below has returned the said application by stating that the MCOP was disposed on 12.01.2015 after full trial, the petition is not maintainable and there are no supporting documents to show that the petitioners are legal heirs of the deceased Mathaiyan. The aforesaid papers were returned on 04.09.2017. Without re-presenting the said papers, the revision petitioner has filed the present Civil Revision Petition before this Court.

2. By considering the aforesaid fact, at this stage, this Court is not inclined to grant the relief as prayed for by the petitioners. However, liberty is granted to the petitioners to represent the said papers making necessary explanation for the aforesaid defects. In the event of re-presentation of the said papers, the court below is directed to consider the same and pass appropriate orders as expeditiously as possible.

3. The Civil Revision Petition is disposed of with above direction. No costs. The Registry is directed to return the original application in IA.SR.No.3714 of 2017 to the counsel for the petitioners

after obtaining a copy of the same.

31.10.2017 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No (Note: Issue order copy on 06.11.2017) lok D.KRISHNAKUMAR. J,

lok To The Motor Accident Claims Tribunal, (Special Court) Dharmapuri CRP.NPD.No.3953 of 2017 31.10.2017