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Madras High CourtCRP(MD)/767/2022allowed

Paramasivam, v. Veerakudaumbankovil,

2022-04-06Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM:

THE HONOURABLE MRS. JUSTICE S.ANANTHI Paramasivam

...Petitioner/6th Defendant

Vs.

1.Veerakudumbankovil, Rep. by S.Sivaji.

2.S.Sivaji 3.Veerasamy 4.Mookkammal

...Respondents 1to 4/Plaintiffs 1 to 4

5.The District Collector, Theni District, Madurai Road, 6.The District Revenue Officer, Theni District, Madurai Road, 7.The Revenue Divisional Officer, Uthamapalayam, Theni District.

8.The Thasildar, Bodinayakanur Taluk, Theni District.

9.The Commissioner, HR & CE Department, Dindigul District, Dindigul.

...Respondents 5to 9/Defendants 1 to 5

PRAYER : This Civil Revision Petition is filed under Section 227 of the Constitution of India, to expedite the proceedings in O.S.No.313 of 2017 on the file of the learned Sub Court, Theni, within the time frame as may be fixed by this Court.

1/3

For Petitioner : M/s.M.Viji For Respondents : Mr.A.Kannan, Addl. Government Pleader for R5 to R9

O R D E R

This Civil Revision Petition has been filed to direct the learned Sub Court, Theni, to expedite the proceedings in O.S.No.313 of 2017.

2.The learned counsel for the petitioner submitted that the suit was filed in the year 2017 and the revision petitioner/6th defendant filed written statement in the suit on 04.12.2017 itself. He further submitted that the suit 1st schedule property is a pathway for worshiping the temple. Since the suit is pending, the respondents 1 to 4/plaintiffs are restraining the revision petitioner from using the suit 1st schedule property to worship the temple and the suit is pending without any progress for the last five years. Therefore, he seeks expeditious disposal of the suit. 3.Mr.A.Kannan, learned Additional Government Pleader appearing for the respondents 5 to 9 sought time to file his counter. Considering the nature of relief to be granted, issuance notice to the respondents 1 to 4 is dispensed with. 4.Considering the fact that the suit is of the year 2017 and issues were also framed, the learned Sub Judge, Theni is directed to dispose of the suit on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

5.With the above direction, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To 1.The Sub Judge, 2/3

2.The District Collector, Theni District, Madurai Road, 3.The District Revenue Officer, Theni District, Madurai Road, 4.The Revenue Divisional Officer, Uthamapalayam, Theni District.

5.The Thasildar, Bodinayakanur Taluk, Theni District.

6.The Commissioner, HR & CE Department, Dindigul District, Dindigul.

+1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-17357[F] dated 07/04/2022 ) +1 CC to M/s.SPL.G.P ( SR-17611[F] dated 08/04/2022 ) 06.04.2022 RD(13.04.2022) 3P 9C 3/3