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Madras High CourtCRP/3408/2022disposed of

R.Muralikrishnan v. The Wild Life Warden/Poy

2022-10-27Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Muralikrishnan ... Petitioner vs 1.The wild life warden/poy, Indira Gandhi WL Sancturay and National Park, No.365/1, Meenkarai Road, Pollachi-642 001, Coimbatore District.

2.State rep by the District Collector, Coimbatore Taluk and District.

3.K.Vijayan ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to fix a stipulated time limit for the speedy disposal of the E.P.No.22 of 2020 on the file of the learned IV Additional District Judge, Coimbatore, in M.C.O.P.No.1083 of 2012 on the file of the learned Special District Judge, MCOP Tribunal, Salem, in light of the direction made in Rahul S. Shah v. Jinendra Kumar Gandhi and others, reported in 2021 SCC Online SC 341.

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For Petitioner : Mr.K.Sathish Kumar

ORDER

The Civil Revision Petition is filed seeking a direction to the learned IV Additional District Judge, Coimbatore to dispose of E.P.No.22 of 2020 within the time limit prescribed by this Court.

2. Having regard to the limited prayer made in this revision, this Court is inclined to dispose the civil revision petition, even without notice to the respondents.

3. The petitioner is the claimant in a motor accident claim petition in M.C.O.P.No.1083 of 2012. The award was passed by the Motor Accident Claims Tribunal in favour of the petitioner in M.C.O.P.No.1083 of 2022 on 04.12.2018. The same was subsequently modified by this Court in C.M.A.No.303 of 2021 by order dated 07.10.2021. The petitioner herein filed the execution petition in E.P.No.22 of 2020 for recovery of the award amount against the respondent.

4. The perusal of the e-court entry furnished in the typed-set of papers 2/4

would suggest that the notice in execution petition was served on the 1st and 2nd respondents and the matter has been adjourned from April-2022 onwards for filing of counter by R1 and R2. It is not clear whether notice has been served on the 3rd respondent/driver of the vehicle.

5. Taking into consideration, the petitioner is a road accident victim and the execution petition is of the year 2020, this Court is inclined to issue direction to the learned IV Additional District Judge, Coimbatore to dispose of E.P.No.22 of 2020 within a period of six months from the date of receipt of copy of this order.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

27.10.2022 Index : Yes / No Speaking Order : Yes / No dm 3/4

S.SOUNTHAR, J.

dm To 1.The IV Additional District Judge, Coimbatore.

2.The Special District Judge, MCOP Tribunal, Salem.

3.The District Collector, Coimbatore Taluk and District.

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