Madras High CourtCRP(MD)/348/2022allowed

Devaki v. Nagarani

2022-04-28Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(PD)(MD).No. 348 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(PD)(MD).No. 348 of 2022 and CMP(MD)No.1518 of 2022 Devaki ... Petitioner/Petitioner/ 1st Respondent Vs 1.Nagarani ...1st Respondent/1st Respondent/ Petitioner 2.The Election Officer, Block Development Officer, Kamuthi.

3.The District Election Offficer, District Collector, Ramanathapuram District.

... Respondents 2&3 /Respondents 2&3/ Respondents 2&3 PRAYER:

Civil Revision Petition filed under Article 227 of Constitution of India to set aside the fair and executable order dated 21-12-2021 in I.A. No.57 of 2021 in E.L.O.P.No.16 of 2020 on the file of Additional District Court, Ramanathapuram. For Petitioner :

Mr.J.Barathan For Respondents :

Mr.K.R.Laxman (R1) Mr.A.Kannan Additional Govt.Pleader (R2,R3)

ORDER

To set aside the fair and executable order, dated 21-12-2021 passed in I.A. No.57 of 2021 in E.L.O.P.No.16 of 2020, by the learned Additional District Judge, Ramanathapuram, the revision petitioner has filed this Civil Revision Petition. 2.Heard the learned counsel appearing for both sides and perused the materials available on record.

3.I.A.No.57 of 2021 was filed by this revision petitioner to call for CCTV record and footage as the document and for that, he want to reopen the matter. Already, for the very same prayer, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(PD)(MD).No. 348 of 2022 first respondent has filed a petition in I.A.No.39 of 2020, which is pending. Without passing any order in I.A.No.39 of 2020, the petition in I.A.No.57 of 2021 was dismissed. The recording of CCTV footage is necessary for the petitioner to prove his case. 4.In view of the above, this Civil Revision Petition is allowed and fair and executable order, dated 21-12-2021 in I.A. No.57 of 2021 in E.L.O.P.No.16 of 2020, passed by the learned Additional District Judge, Ramanathapuram is set aside. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To 1.The Additional District Judge, Ramanathapuram. 2.The Election Officer, Block Development Officer, Kamuthi.

3.The District Election Offficer, District Collector, Ramanathapuram District.

+1 CC to M/s.T.R. JEYAPALAM, Advocate (SR-22497[F] dated 29/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23078[F] dated 29/04/2022 ) C.R.P(PD)(MD).No. 348 of 2022 and CMP(MD)No.1518 of 2022 28.04.2022 RK(24/05/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2