Voc Nagar New Colony v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.04.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA VOC Nagar New Colony Residents Welfare Association Rep by its President No.37/18, VOC Nagar New Colony I Street, Anna Nagar East Chennai - 600 102.

... Petitioner Vs.

1.The Commissioner Corporation of Chennai Rippon Buildings Chennai - 600 003.

2.The Zonal Officer Corporation of Chennai Zone-5 183, EVR Road, Kilpauk Chennai - 600 010.

3.Elizabeth Revathi 4.N.Govindan Nair 5.G.Kulasekaran 6.The Collector of Chennai Singaravelar Maligai George Town, Chennai.

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7.The Tahsildar Perambur-Purasawakkam Taluk Perambur, Chennai.

8.Ravichandran ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to issue direction to the II Assistant City Civil Court, Chennai, to dispose of the suit in O.S.No.5945 of 2011 within a time frame. For Petitioner : Mr.A.Manoj Kumar For Respondents : Ms.K.Aswini Devi Additional Government Pleader for R7

ORDER

This revision petition is filed seeking a direction to the II Assistant Judge, City Civil Court, Chennai, to dispose of the suit in O.S.No.5945 of 2011, within a time frame.

2. The revision petitioner is the plaintiff-Association, who had filed the suit in O.S.No.5945 of 2011 before the City Civil Court, Chennai, against the defendants / respondents herein for a mandatory injunction and to direct the defendants 1 to 3 to remove the illegal construction made on the subject property. According to the revision petitioners, the suit is pending 2/5

before the trial Court since 2011 and not even the cross-examination of PW1 has been concluded till date. The revision petitioners would further submit that the proposed 9th defendant had filed an impleading petition in I.A.No.3 of 2025 on 21.01.2025, and the said IA was adjourned to 12.06.2025 for filing counter of the fourth respondent. Thus, the revision petitioner contends that the suit which had been filed in the year 2011, had been stalled at the stage of PWs cross-examination, without any further progress thereafter. Hence, the present revision petition.

3. A perusal of A diary extract would reveal that I.A.No.3 of 2025 was filed by the proposed 9th defendant on 13.12.2024, to implead him in the suit. The said I.A. was adjourned on several occasions and lastly it was listed on 20.03.2025. However, for the purpose of filing counter by the fourth respondent, the next hearing date in the said I.A was fixed on 12.06.2025. This Court has observed that for the purpose of filing counter alone, the trial Court had adjourned the said I.A., by nearly three months. Hence, a direction is issued to the learned II Assistant City Civil Court, Chennai, to dispose of the I.A.No.3 of 2025,on or before 31.07.2025. 3/5

4. With the above directions, the civil revision petition is disposed of. No costs.

17.04.2025 Index : Yes / No ds To:

1.The Judge II Assistant City Civil Court, Chennai 2.The Section Officer VR Section, High Court, Madras.

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P.T. ASHA, J, ds 17.04.2025 5/5