Pudur Therku Muthiapuram v. Pudur Hindu Nadargal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)No.300 of 2017 (PD) 1.Pudur Therku Muthiapuram Kulakkattankurichi Nadargal Uravinmurai Kalvi Sangam, (Registration No.3/2005) Represented by its President, Sakthivel, 2.Sakthivel, President, Pudur, Therku Muthiapuram Kulakkattankurichi Nadargal Uravinmurai Kalvi Sangam, (Registration No.3/2005), Door No.9/21, Nadar School Street, Pudur.

3.T.S.P.Duraipandian, Secretary, Pudur, Therku Muthiapuram Kulakkattankurichi Nadargal Uravinmurai Kalvi Sangam, (Registration No.3/2005) Pudur.

...Petitioners/Defendants 1 to 3

Vs.

1.Pudur Hindu Nadargal Uravinmurai Magamai Sangam, represented by its General Secretary, Soundarapandian, (Registration No.153/2012) 2.Soundarapandian, General Secretary, Pudur Hindu Nadargal Uravinmurai Magamai Sangam, (Registration No.153/2012) Door No.74, Gandhi Bazaar, Pudur.

..Respondents 1 & 2/Plaintiffs 3.The District Educational Officer, Kovilpatti.

4.The Director, Directorate of School Education, Chennai.

5.The Assistant Elementary Educational Officer, Pudur, Thoothukudi.

6.The District Elementary Educational Officer, Thoothukudi.

7.The District Registrar (Societies), Thoothukudi.

8.The Government of Tamil Nadu, Represented by its District Collector, Thoothukudi. ...Respondents 3 to 8/Defendants 4 to 9 PRAYER: Civil Revision Petition is filed, under Article 227 of the Constitution of India, to direct the learned District Munsif Court-cum-Judicial Magistrate, Vilathikulam to dispose of the suit in O.S.No.48 of 2014 within a time limit that may be fixed by this Honourable Court.

For Petitioner : Mr. T.R.Jeyapalam

ORDER

The petitioner has filed this Civil Revision Petition to direct the learned District Munsif Court-cum-Judicial Magistrate, Vilathikulam, to dispose of the suit in O.S.No.48 of 2014, within a time to be fixed by this Court.

2.The respondents 1 & 2 are the plaintiffs. The petitioners are the defendants 1 to 3. The respondents 1 & 2 filed a suit in O.S.No.48 of 2014 before the District Munsif-cum-Judicial Magistrate, Vilathikulam, for declaration and also for consequential reliefs. Written statement was filed. Issues were framed on 09.07.2015 and the suit was adjourned to 18.08.2015, for trial. Thereafter, the suit has been periodically adjourned from 27.10.2015 to 01.02.2017, without any progress. In the circumstances, the petitioner has come out with the present Civil Revision Petition, for early disposal of the suit in O.S.No.48 of 2014.

3.I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record. 4.Taking into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, it may be expedient to issue a direction to the learned District Munsif-cum-Judicial Magistrate, Vilathikulam.

5.Accordingly, this Civil Revision Petition is allowed and the learned District Munsif-cum-Judicial Magistrate, Vilathikulam, is directed to dispose of O.S.No.48 of 2014 as expeditiously as possible, in any event, not later than, 30th September, 2017. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar am To The District Munsif-cum-Judicial Magistrate, Vilathikulam.

+1CC to Mr.T.R.Jeyapalam, Advocate Sr.No.8545 GJM/CM/MSA/28.2.17-3p-3C C.R.P(MD)No.300 of 2017 (PD) 15.02.2017