Meiyappan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI 1.Meiyapan 2.Nagappan ... Petitioners Vs.

1.The District Collector, Pudukottai.

2.The Tahsildar, Thirumayam.

3.The Assistant Commissioner, Land Reform, Tiruchirapalli.

4.Pirakathampal 5.Saratha 6.Seethalakshmi 7.Meyyammai 8.Valliyammai Meiyapan (Died) ... Respondents 1/5

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to dispose of the O.S.No.54 of 2015 on the file of the District Munsif cum Judicial Magistrate, Thirumayam within the stipulated time fixed by this Court and consequently dismiss the said suit. For Petitioners : Mr.S.Bageerathan For R-1 to R-3 : Mr.B.Saravanan Additional Government Pleader

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose of the case in O.S.No.54 of 2015 pending on the file of the learned District Munsif cum Judicial Magistrate, Thirumayam within a time stipulated by this Court.

2. By consent of both the parties, this revision petition is taken up for final disposal.

3. According to the revision petitioners, the revision petitioners filed a suit in O.S.No.54 of 2015 under Order VII, Rule 7 and under Section 151 of the Civil Procedure Code, 1908 for the permanent 2/5

injunction restraining the defendants from interfering with the interference of peaceful possession of the petitioners before the District Munsif cum Judicial Magistrate, Thirumayam. Initially, the defendants were set ex parte and later, after five years, the second defendant filed a set aside petition against the ex parte order and additionally, the Covid-19 Pandemic became the added advantage for the defendants for their intentional delay. Despite the long pendency of the matter, the proceedings have been delayed due to multiple reasons. Hence, the present Civil Revision Petition is filed.

4. Mr.B.Saravanan, learned Additional Government Pleader accepts notice for the official respondents. The learned Additional Government Pleader appearing for the official respondents submits that it is an attempt to drag on the litigation and therefore, raised objection to allow.

5. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned District Munsif cum Judicial 3/5

Magistrate, Thirumayam, to dispose of the case as expeditiously as possible.

5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned District Munsif cum Judicial Magistrate, Thirumayam to dispose of the case in O.S.No.54 of 2015 pending on his file, within a period of four (4) months from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs.

10.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The District Munsif cum Judicial Magistrate, Thirumayam.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 10.01.2025 5/5