V.Chandrasekar v. The Principal District Judge

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Chandrasekar ... Petitioner Vs.

The Principal District Judge, Dindigul District Court, Dindigul.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to take necessary action to return back the exhibits 1 to 39 marked before the 2nd Additional District Munsif Judge, Dindigul in O.S.No.130 of 1995 within a time frame as stipulated by this Court.

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.Mohideen Basha Standing Counsel

ORDER

Heard the learned counsel on either side.

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2. The writ petitioner and five others filed O.S.No.130 of 1995 on the file of the 2nd Additional District Munsif Court, Dindigul for declaration and injunction. It was partly allowed on 08.12.2000. Questioning the same, A.S.No.5 of 2003 was filed before the Principal Sub Court, Dindigul. It was allowed on 10.04.2007. The said Judgment and decree has become final as no second appeal was filed. In the suit proceedings, the plaintiffs had marked Ex.A1 to Ex.A39. The petitioner now wants the documents back. When notice was ordered, it came to be known that the original exhibits have gone missing. The Principal District Judge, Dindigul has also given a report to that effect. I do not want to make any comment on the disciplinary action that appears to have been initiated.

Relief is given to the petitioner in the following terms:- (i) While submitting a joint application for return of the petition mentioned exhibits before the learned Principal District Judge, Dindigul District, Dindigul, they will make available photocopies of all the 39 exhibits. (ii) The Principal District Judge, Dindigul is directed to individually certify on the face of the document itself that the photocopies shall be treated as original.

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3. The Writ Petition is allowed on these terms. No costs. 03.03.2023 Index : Yes / No Internet : Yes/ No rmi G.R.SWAMINATHAN, J.

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