A.Vembusamy v. V.Gurusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 20.12.2017

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD).No.2537 of 2017 A.Vembusamy ... Petitioner/1st Defendant Vs.

1. V.Gurusamy ...1st Respondent/Plaintiff

2. R.Muthuselvan

3. Sekar

4. Subbaiyan

5. Palaniyappan

6. Kandasamy

7. Krishnan

8. Karunakaran

9. Mahalakshmi

10. Natarajan

11. Subbaiah 12.The District Collector, Karur,

13. The Revenue Divisional Officer, Kulithalai, Kulithalai.

14. The Tahsildar, Krishnarayapuram Taluk,

15. The Executive Officer, Town Panchayat, Krishnarayapuram Taluk,

...Respondents 2 to 15/ Defendants 2 to 15

(No relief sought against the respondents 2 to 15.Hence, notice to the respondents 2 to 15 may be dispensed with). PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the learned District Munsif, Kulithalai to expeditiously conduct the trial of the suit in O.S.No.185 of 2013 on the file of the District Munsif Court, Kulithalai.

For Petitioner : Mr.I.Robert Chandra Kumar

O R D E R

The Civil Revision Petition has been filed for a direction to the learned District Munsif, Kulithalai to expeditiously conduct the trial of the suit in O.S.No.185 of 2013.

2. The first respondent filed a suit in O.S.No.185 of 2013 before the District Munsif Court, Kulithalai against the respondents 2 to 15 seeking declaration declaring that the suit property belongs to A/M Periakandiamman temple and for a consequential relief directing the defendants to issue the revenue records in favour of the deity and also permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the devotees from celebrating poojas, prayers and offering to the plaintiff deity during Adi 18-21 and all auspicious days either forming road or in any manner whatsoever.

3. The learned counsel appearing for the petitioner would submit that the petitioner is no way connected with the suit property in S.F.No.175/24, T.K.Krishnarayapuram East, Krishnarayapuram, Karur District. The suit has been filed in the year 2013 and the written statement filed and the issues were also framed on 20.10.2014. Thereafter, the matter was posted under the caption for trial and till today, there is no progress in the suit. He would further submit that the petitioner is a senior citizen and unnecessarily he is harassed. Therefore, the petitioner has come forward to file the Civil Revision Petition before this Court for early disposal of the suit in O.S.No.185 of 2013.

4. Since the revision petition itself is for early disposal, no notice is necessary to the respondents.

5. Considering the facts and circumstances of the case and also considering the age of the petitioner, without expressing any view on the merits of the case, the learned District Munsif Court, Kulithalai is directed to dispose of the suit in O.S.No.185 of 2013 within a period of six months from the date of receipt of a copy of this order.

6. The Civil Revision Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.The District Collector, Karur,

2. The Revenue Divisional Officer, Kulithalai, Kulithalai.

3. The Tahsildar, Krishnarayapuram Taluk,

4. The Executive Officer, Town Panchayat, Krishnarayapuram Taluk, +1cc to Mr.T.ROBERT CHANDRAKUMAR,Advocate,SR.93943 C.R.P.(PD)(MD).No.2537 of 2017 20.12.2017 AKV KK/SV MMS/SAR 3/29.01.2018/3P- 6C/