Ramuthai v. Kannadisamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Ramuthai ... Petitioner Vs.

1.Kannadisamy 2.Illanchiam 3.Arumugam 4.The State of Tamil Nadu, represented through its District Collector, Madurai District.

5.The Tahsidar, Thirumangalam Having Office at Taluk Office Campus, Madurai Road, Madurai District. ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Munsif, Thirumangalam to expedite the trial in O.S.No.468 of 2010 on its file, within a time frame as may be fixed by this Court. For Petitioner : Mr.S.Muthukumar.

ORDER

This civil revision petition has been filed to direct the learned Principal District Munsif, Thirumangalam to expedite the trial in O.S.No.468 of 2010 on its file, within a time frame. 2.The learned counsel for the petitioner would state that the respondents 1 and 2 have filed the suit in O.S.No.468 of 2010 for declaration to declare that the suit properties are the absolutely belongs to the plaintiffs and for permanent injunction restraining the defendants 1 and 2 from interfering in the peaceful possession and enjoyment of the suit property and also for mandatory injunction directing the defendants 3 and 4 to cancel the patta issued in the name of the first defendant and issue patta in the name of the plaintiffs in respect of the suit property. The petitioner herein is the first defendant in the above said suit. The learned counsel for the petitioner would further state that the matter has been continuously adjourned without any progress. He would also state that there is no other proceedings pending except two interlocutory 1/3

applications. According to the petitioner, she is aged about 67 years and the suit is of the year 2010 and hence, she approached this Court by filing the present Civil Revision Petition seeking a relief to dispose the suit in O.S.No.468 of 2010 on the file of the Principal District Munsif, Thirumangalam, within a stipulated time as fixed by this Court.

3.Heard the learned counsel for the petitioner and perused the materials available on record.

4.Since this Civil Revision Petition is filed for early disposal of the petition in O.S.No.468 of 2010 and since no adverse order is going to be passed, notice to the respondent is not necessary.

5.Considering the facts and circumstances of the case and considering the fact that the suit is of the year 2010, this Court feels that ends of justice would be met by directing the Court below to dispose of the case within a time frame. Without adverting to the merits of the case, a direction is issued to the Principal District Munsif, Thirumangalam to dispose the suit in O.S.No.468 of 2010 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order. 6.With the above direction, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) gns NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Principal District Munsif, Thirumangalam 2/3

Copy to:

The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.MUTHUKUMAR, Advocate ( SR-5397[F] dated 16/02/2021 ) 15.02.2021 kvn(CO) KK(03.03.2021) 3P 4C 3/3