P. Marimuthu Pandian v. Mariappan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Marimuthupandian ....Petitioner Vs 1.Mariappan 2.Arumugam 3.The District Collector Thoothukudi District Thoothukudi 4.The Tahsildar Kayathar Taluk Thoothukudi District 5.The Block Development Officer Office of the Block Development Office Kayathar Thoothukudi District 6.P.Balamurugan

...Respondents

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PRAYER: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to direct the Subordinate Court, Kovilpatti, Thoothukudi District to expedite the proceedings in O.S.No.112 of 2020 and to dispose of the same within a time stipulated by this Court in the nature and circumstances of the case by allowing this civil revision petition.

For Petitioner : Mr.S.Saravanan For R1 & R2 : Mr.I.Suthakaran For R3 & R5 : Mr.C.Baskaran Government Advocate For R6 : No appearance

O R D E R

The present civil revision petition has been filed by the 4th defendant in a suit for expeditious disposal of O.S.No.112 of 2020. 2.According to the learned counsel for the petitioner, the plaintiffs have encroached upon the Government property and they are obstructing the respondents from using the same as a pathway. He had further contended the Division Bench of our High Court in W.P.(MD).No.7942 of 2/5

2020 by its order dated 14.08.2020 has allowed the writ petition filed by him and has directed the authorities to remove the encroachment. The learned counsel further contends that pursuant to the said order, the encroachments have been removed. The plaintiffs are preventing the 4th defendant and others from using the said property as pathway citing pendency of the present civil suit. Hence, he prayed for expeditious disposal of the suit.

3.Considering the facts and circumstances of the case and the suit is of the year 2020, this Court directs the Subordinate Judge, Kovilpatti, to dispose of the suit on or before 31.12.2023.

4.With the above observations, this Civil Revision Petition is allowed. No costs.

13.02.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No msa 3/5

To 1.The Subordinate Judge Kovilpattai 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR, J msa 13.02.2023 5/5