Mahalingam v. Arichandran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU 1.Mahalingam 2.Palkani 3.Murugan 4.Sivakumar @ Kumar 5.Lingaraj 6.Thangaselvan ... Petitioners -vs1.Arichandran 2.Dharmar 3.Suyambu 4.Thangalakshmi 5.Ganesan 6.The President, Thanakkarkulam Village Panchayat, Thanakkarkulam, Radhapuram Taluk, Tirunelveli District.

7.The Block Development Officer, Valliyoor, Radhapuram Taluk, Tirunelveli District.

8.The State Represented by The District Collector, Collectorate, Kokkirakulam, 1/5

Tirunelveli, Tirunelveli District.

... Respondents PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the District Munsif, Valliyoor, Tirunelveli District to dispose of the Original Suit in O.S. No. 6 of 2023 within the stipulated time framed by this Court.

For Petitioner : Mr. A.S.Abdul Kalam Azad For R6 to R8 : Mr. C.Baskaran

O R D E R

Heard Mr. A.S.Abdul Kalam Azad, Learned Counsel for the Petitioner and Mr. C.Baskaran, Learned Counsel for the Sixth to Eighth Respondents, and perused the materials placed on record, apart from the pleadings of the parties. 2.

Having regard to the nature of order proposed to be passed in the Civil Revision Petition, which would not cause any prejudice to the First to Fifth Respondents, notice to them is dispensed with. 3.

This Civil Revision Petition under Article 227 of the Constitution of India has been filed to expedite the disposal in O.S. No. 6 of 2023 on the file of the District Munsif, Valliyoor, Tirunelveli District (hereinafter referred to as the 'Trial Court' for short).

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4.

This Court, during earlier hearing on 03.04.2024, had passed the following order:- "2.

The District Munsif, Valliyoor, Tirunelveli District shall also send a report as to whether there is any impediment for conducting further proceedings in O.S. No. 6 of 2023 and if so, shall state the reasons for the same, before next hearing. Post the matter on 15.04.2024."

5.

In furtherance to the said order, the Trial Court has sent a report dated 15.05.2024, which reads as follows:- "I humbly submit that there is no impediment in conducting further proceedings of O.S. No. 6 of 2023 on the file of this Court, as called for by the Honourable Madurai Bench of Madras High Court, Madurai under reference 2nd cited above." Having regard to the contents of the said report, the Trial Court shall endeavour to conduct atleast one effective hearing every week showing progress of the case and send quarterly reports to the Registrar (Judicial) of this Court till it is decided finally.

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In the result, the Civil Revision Petition is disposed on aforesaid terms. No costs.

15.04.2024 Index : Yes/No Internet : Yes/No ta Note: Issue order copy by 24.06.2024.

To The District Munsif, Valliyoor.

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P.D. AUDIKESAVALU, J.

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