Madras High CourtCRP(MD)/1080/2021disposed of

T.Jeya Chandra Sekar v. Saroja Thirumal

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

C.R.P(PD)(MD).No. 1080 of 2021 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. 1080 of 2021 and CMP(MD)No.6263 of 2021 T.Jeya Chandra Sekar ... Petitioner Vs

1. Saroja Thirumal

2. T. Unnisankar

3. T. Susipriya

4. The District Revenue Officer, Kanyakumari District, Nagercoil-01.

5. The Deputy Superintendent Of Police, Economic Offences Wing, Nagercoil.

... Respondents PRAYER:

Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Fair and Decreetal order dated 24.03.2021 passed in Unnumbered I.A.No...... of 2021 in I.A.No.48 of 2020 in O.A.No.8 of 2016 on the file of the Special Court under TNPID Act cases, Madurai.

For Petitioner :

Mr.V.Ramakrishnan For Respondents :

Mr.S.Puhazh Gandhi (R1 to R3) Mr.A.Kannan Additional Govt.Pleader (R4,R5)

ORDER

To set aside the Fair and Decreetal order, dated 24.03.2021 passed in Unnumbered I.A.No...... of 2021 in I.A.No.48 of 2020 in O.A.No.8 of 2016, on the file of the Special Court under TNPID Act cases, Madurai, 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.The revision petitioner/4th respondent/auction purchaser has filed a petition in I.A.No....of 2021 in I.A.No.48 of 2020 in O.A.No.8 of 2016 to reject the I.A.No.48 of 2020, on the ground that already for the same relief, the petitioner has filed a writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(PD)(MD).No. 1080 of 2021 petition in W.P.(MD)No.15012 of 2020, which is still pending. So it can be decided only after numbering the I.A. petition and after giving an opportunity to the other side, will be decided on merits. The prayer in the writ petition and the prayer in I.A. Petition are one and the same.

4.In view of the above, the learned Judge, Special Court under TNPID Act cases, Madurai is hereby directed to number the I.A.... of 2021 in I.A.No.48 of 2020 in O.S.No.8 of 2016 and decide the matter on merits.

5.With the above direction, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (C.O) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To 1.The Judge, Special Court under TNPID Act cases, Madurai. 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.V. RAMAKRISHNAN, Advocate ( SR-22122[F] dated 28/04/2022 ) +1 CC to M/s.L.GEORGE PAUL ANTO, Advocate ( SR-22309[F] dated 28/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23019[F] dated 29/04/2022 ) ORDER IN C.R.P(PD)(MD).No. 1080 of 2021 and CMP(MD)No.6263 of 2021 28.04.2022 SS/25.05.2022 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2