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Madras High CourtWP(MD)/427/2023disposed of

Kottaisamy.M v. The Revenue Divisional Officer

2023-02-09Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN W.P.(MD)No.427 of 2023 M.Kottaisamy ... Petitioner ..Vs..

1.The Revenue Divisional Officer, Usilampatti Division, Madurai District.

2.The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

3.The Tahsildar, Usilampatti Taluk, Madurai District.

4.A.Kasimayan 5.P.Raja 6.K.Malaisamy 7.S.Dinesh 8.T.Kannan 9.Maharajan 10.V.Ochathevar 11.M.Chinnasamy 12.Kasimayan @ Thevar Kasimayan 13.S.Palaniyandi Thevar 14.P.Veluchamy 15.T.Kasimayan 1/4

16.O.Mokkachamy 17.A.Uthayan 18.M.Ganesan 19.A.Manithevar 20.M.Rasuthevar ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for entire record pertaining to the impugned order in Na.Ka.No.5532/2022/Aa.1 dated 01.12.2022, passed by the 1st respondent and quash the same, as illegal and consequently direct the respondents herein to direct the respondents to permit for the celebration of Masipatchai Festival in Pappapatti Ochandamman Temple, Usilampatti Taluk, Madurai District with the essential customary practices of taking Holy Boxes(Pettithookki) and Amman Silai eduththu between 18.02.2023 to 20.02.2023.

ORDER:- This Writ Petition is coming on for orders on this day under the caption "Extension of time for Lower Court" and upon perusing earlier order of this Court dated 09.02.2023 and the requisition letter submitted by the Subordinate Judge, Usilampatti in D.No.1526/2023 dated 20.12.2023 seeking further extension of twelve months time for disposal of the case in O.S.No.161/2019 on the file of the Subordinate Court, Usilampatti, this Court made the following order:- The Sub Judge, Usilampatti, has sent a letter dated 20.12.2023 to the Registry seeking twelve months time to dispose of the suit in OS No.161 of 2019, which was directed to be completed within a period of ten months from the date of receipt of a copy of the order dated 09.02.2023 passed in WP(MD)No.427 of 2023.

2. It is seen that the trial commenced on 29.11.2023 and suddenly, D11 and D13 died and posted for taking necessary steps. The said petition has been filed and the matter was posted.

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3. Considering the aforesaid facts and circumstances of this case, time is extended till 30.09.2024 to the learned Sub Judge, Usilampatti, to proceed with the Interlocutory Application, continue the trial and dispose the suit in OS No.161 of 2019 to comply with the order dated 09.02.2023 passed in WP(MD)No.427 of 2023.

4. No further time will be granted. The parties are directed to cooperate with the trial.

Sd/- Assistant Registrar(CS II) // True Copy // /01/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO The Subordinate Judge, Usilampatti 3/4

ORDER DATED : 09/01/2024 ==========================

ORDER

========================== W.P.(MD)No.427 of 2023 Giving direction and etc.

as stated within.

MK/23.01.2024 4P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4