M.Elumalai(Died) v. S.Balasubramaniam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(NPD).Nos.634 to 636 of 2018 M.Elumalai(died) 1.M.E.Prabhu 2.Mani 3.N.P.Karunanithi .. Petitioners in all CRP's Vs 1.S.Balasubramaniam .. Respondent in all CRP's 2.Nithiyakaliyani .. Respondents in all CRP's 3.A.Kamala .. Respondent in CRP.Nos.634 & 635 of 2018

4. A.Panneerselvam .. Respondent in all CRP's

5. The Assistant Engineer, Distribution / MES, Mangadu, Mangadu, Sriperumbudur Taluk, Kancheepuram .. Respondent in CRP.Nos.635 of 2018

6. The Superintending Engineer, Madras Electricity System, Distribution South, Tamil Nadu Electricity Board, Annasalai, Chennai-600 002.

.. Respondent in CRP.No.635 of 2018 7.Sankari Devi .. Respondent in CRP.No.636 of 2018

COMMON PRAYER Civil Revision Petitions filed under Article 227 of the Constitution of India against the dismissal of the orders dated 22.01.2015 passed by the learned Subordinate Judge, Poonamallee in IA.Nos.230, 232 & 234 of 2010 in unnumbered AS.No. of 2010. For Petitioners : Mr.J.Sudhakaran in all CRP's COMMON O R D E R According to the revision petitioners, the revision petitioners have filed applications in IA.Nos.230, 232 & 234 of 2010 in unnumbered AS.No. of 2010 before the Subordinate Court, Poonamallee to condone the delay of 95 days in preferring appeals. The said applications were allowed on terms of payment of cost of Rs.1,000/- to the respondents on or before 02.01.2015. Subsequently, the unnumbered appeals were posted on 12.01.2015. On that day, the revision petitioners were called absent. Again the matter was posted on 22.

01.2015. On that day also, the revision petitioners did not appear before the court. Therefore, the applications were dismissed for non compliance of the condition orders. Against the said orders, the revision petitioners have filed the present Civil Revision Petitions before this Court.

2. Heard the learned counsel for the revision petitioners and perused the materials available on record.

3. It is seen from the orders of the court below that the revision petitioners have not complied with the conditional orders dated 22.01.2015. Pursuant to that, the instant applications were dismissed. Admittedly, the revision petitioners have not chosen to file an application before the court below. The revision petitioners have challenged the said orders in the present Civil Revision Petitions. Hence, this Court is not inclined to entertain the Civil Revision Petitions. However, it is open to the revision petitioners to approach the court below to file an appropriate application, if so advised.

4. The Civil Revision Petitions fails and the Civil Revision Petitions are dismissed with above directions. No costs. 21.02.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No lok Note: Issue order copy on 26.02.2018

D. KRISHNAKUMAR J., lok To The learned Subordinate Judge, Poonamallee CRP(NPD).Nos.634 to 636 of 2018 21.02.2018