Padmavathy v. P.Ramasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.12.2015
CORAM
THE HONOURABLE MS.JUSTICE R.MALA CRP [PD] No.4651/2015 1.Padmavathy 2.Suseela Devi .. Petitioners/Defendants 1 & 3 Vs.
1.P.Ramasamy .. 1st Respondent/Plaintiff 2.Gurunathan 3.The District Collector Salem District, Salem.
4.The District Revenue Officer [DRO] Salem District, Salem.
5.The Revenue Divisional Officer Salem.
6.The Tahsildar Salem.
7.The Village Administrative Officer Thathampatti, Allikuttai Block.
8.The Commissioner Salem Municipal Corporation Salem.
9.The Revenue Inspector Ammapettai Zone, Salem.
10.The Superintending Engineer Salem Distribution Circle TNEB, Udayapatti Post, Salem.
11.The Executive Engineer East Operation & Maintenance TNEB, Udayapatti Post, Salem.
12.The Assistant Executive Engineer TNEB, Udayaptti Post, Salem.
13.The Assistant Executive Engineer East Operation and Maintenance Thathampatti Post, Salem.
14.The Manager TASMAC, Sandiyoor Attampatti, Sandiyoor, Salem.
.. Respondents/Defendants 2 & 4 to 15 Civil Revision Petition filed under Article 227 of the Constitution of India praying for a direction to the Subordinate Judge, Salem to dispose of the Suit on OS.No.97/2012.
For Petitioner : Mr.S.Ramesh
ORDER
The petitioners/defendants 1 and 3 in OS.No.97/2012 on the file of the learned I Additional Subordinate Judge, Salem, has come forward with the above Civil Revision Petition for the early disposal of the said suit stating that the 1st respondent/plaintiff filed the suit for declaration of title and also for consequential injunction and other consequential reliefs. The petitioners herein/defendants 1 and 3 have earlier filed two suits in OS.Nos.478/1998 and 780/1999 and the said suits were decreed. The present suit has been filed by the 1st respondent/plaintiff with a view to defeat the rights of the petitioners/defendants 1 and 3. It is submitted by the learned counsel for the petitioners that even though the written statement has been filed
in the year 2012, the suit is yet to be disposed of and when the matter was posted for defence side witnesses, an application to reopen under Order 16 Rule 7 has been filed in IA.Nos.148 & 149/2015 and the same are pending and hence, the suit has been periodically adjourned without disposing of the same. Hence, the learned counsel prayed for the earlier disposal of the suit. Since the Civil Revision Petition is disposed of at the admission stage as the prayer sought for by the petitioner is limited in nature, notice to the respondents is hereby dispensed with.
Considering the argument advanced by the learned counsel for the petitioners and also perusal of the typed set of papers, this Court is of the view that it is fit case to direct the Trial Court to dispose of the suit as expeditiously as possible.
Accordingly, the learned I Additional Subordinate Judge, Salem, is hereby directed to dispose of IA.Nos.148 & 149/2015 within a period of one month from the date of receipt of a copy of this order and also dispose of the suit in OS.No.97/2012 within a period of three months from the date of disposal of IA.Nos.148 & 149/2015.
R.MALA, J.
AP The Civil Revision Petition is disposed of with the above direction. No costs.
10.12.2015 AP To 1.The I Additional Sub Judge Salem.
2.The District Collector Salem District, Salem.
3.The District Revenue Officer [DRO] Salem District, Salem.
4.The Revenue Divisional Officer Salem.
5.The Tahsildar Salem.
6.The Village Administrative Officer Thathampatti, Allikuttai Block.
7.The Commissioner Salem Municipal Corporation Salem.
8.The Revenue Inspector Ammapettai Zone, Salem.
9.The Superintending Engineer Salem Distribution Circle TNEB, Udayapatti Post, Salem.
10.The Executive Engineer East Operation & Maintenance TNEB, Udayapatti Post, Salem.
11.The Assistant Executive Engineer TNEB, Udayaptti Post, Salem.
12.The Assistant Executive Engineer East Operation and Maintenance Thathampatti Post, Salem.
13.The Manager TASMAC, Sandiyoor, Attampatti, Sandiyoor, Salem. CRP [PD] No.4651/2015