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Madras High CourtCRP/69/2018disposed of

Dhanalakshmi v. The District Collector

2018-01-09Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No.69 of 2018 and CMP. No.288 of 2018 1.Dhanalakshmi 2.Abarna 3.Arun @ Arunachalam .. Petitioners Vs 1.The District Collector, Villupuram District, Villupuram.

2.The Revenue Divisional Officer, Villupuram Collectorate Office, Villupuram.

3.The Tahsildar, Villupuram Taluk, Villupuram.

4.The Commissioner, Villupuram Municipality, Villupuram.

5.The Assistant Commissioner, Hindu Religious Endowment Board, Collectorate Complex, Villupuram.

6.The Inspector, Hindu Religious Endowment Board, Collectorate Complex, Villupuram.

.. Respondents

PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the impugned order dated 22.12.2017 passed in Copy Application No.7026 of 2017 in O.S.No.345 of 2017 on the file of the Principal District Munsif Court, Villupuram. For Petitioner :Mr.S.Udayakumar

O R D E R

The Civil Revision Petition is filed against the impugned order dated 22.12.2017 passed in Application No.7026 of 2017 in O.S.No.345 of 2017 by the Principal District Munsif Court, Villupuram. 2.The learned counsel for the petitioners/ plaintiffs have filed a suit in O.S. No.345 of 2017 for permanent injunction and mandatory injunction against the respondents herein. In the aforesaid suit, the petitioners have filed an application in I.A. No.871 of 2017 for ad-interim injunction restraining the respondents from putting up any construction over the 'B' schedule property. According to the petitioners, third parties are attempting to put construction over the 'B' Schedule property. The Court below without considering the urgency of the injunction

application filed under Order 39 Rule 3 (a) of the Code of Civil Procedure dated 24.07.2017, has ordered only notice on 15.07.2017 and adjourned the same from time to time without passing any order. Therefore, the petitioners have applied an application in C.A. No.7026 of 2017 to furnish the certified copy of the notes paper/docket order. The said application has been returned from time to time. Therefore, the petitioners have filed the present Civil Revision Petition before this Court. At the time of hearing the learned counsel for the petitioner would submit that this Court may direct the court below, to dispose of the said I.A. No.871 of 2017 within a time frame fixed by this Court. 3.

By considering the facts and submissions made by the learned counsel for the petitioners and since no counter affidavit has been filed by the respondents, in the I.A. No.871 of 2017, this Court is inclined to direct the Court below to dispose of the said I.A. No.871 of 2017 in O.S. No.345 of 2017 as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order.

D. KRISHNAKUMAR J., RKP

4. The Civil Revision is disposed of, with the above direction. Consequently, connected miscellaneous petition is closed. No costs. 09.01.2018 Index: Yes/ No Internet : Yes/No Speaking Order/Non Speaking Order RKP Note: Issue order copy on 12.01.2018.

To The learned Principal District Munsif, Villupuram.

CRP (PD) No.69 of 2018 and CMP. No.288 of 2018 09.01.2018