M.P. Saravanan v. Rajalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1415 of 2018 M.P.Saravanan

...Petitioner/Petitioner

Vs.

Rajalakshmi

...Respondent/Respondent

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the lower Court for expeditious disposal of the petition in H.M.O.P.No.82 of 2014 on the file of the Principal Subordinate Court, Tenkasi, Tirunelveli District. For Petitioner : Mr.R.J.Karthick

ORDER

This Civil Revision Petition is filed for a direction to the lower Court for expeditious disposal of the petition in H.M.O.P.No.82 of 2014 on the file of the Principal Subordinate Court, Tenkasi, Tirunelveli District.

2.The petitioner has filed a petition in H.M.O.P.No.82 of 2014 before the Principal Subordinate Court, Tenkasi, Tirunelveli District, for dissolution of marriage. The said H.M.O.P., has been filed in the year 2014 and the same is pending for more than 3 1⁄2 years without any further proceedings. Therefore, the petitioner has approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the learned Principal Subordinate Judge, Tenkasi, Tirunelveli District, to dispose of the H.M.O.P.No.82 of 2014, within a particular period.

3. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

4.The H.M.O.P.No.82 of 2014 has been filed in the year 2014 and for more than 3 1⁄2 years, it was continuously adjourned. It is seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned periodically citing the pendency of the I.A.

5. Since the petitioner has sought for a limited prayer for early disposal of the H.M.O.P, no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. It is an admitted fact that the H.M.O.P, is pending from 2014 onwards, but the learned Principal Subordinate Judge, Tenkasi, Tirunelveli District, has not taken any action to dispose of the H.M.O.P., which is pending for more than 3 1⁄2 years. Therefore, I am inclined to pass the following order:

https://hcservices.ecourts.gov.in/hcservices/ The learned Principal Subordinate Judge, Tenkasi, Tirunelveli District, is directed to dispose of the

H.M.O.P.No.82 of 2014 within a period of four weeks from the date of receipt of a copy of this order, on day-to-day basis without giving any adjournment to either parties. The parties are also directed to give their fullest co-operation for early disposal of the H.M.O.P, within the time limit fixed by this Court for passing orders. The learned Principal Subordinate Judge, Tenkasi, Tirunelveli District, is directed to file a compliance report before this Court within a period of ten days after passing orders in H.M.O.P.No.82 of 2014.

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

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Principal Subordinate Judge, Tenkasi, Tirunelveli District.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 Copies)

3. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.R.J.Karthick, Advocate, SR.No.72424 C.R.P.(PD)(MD)No.1415 of 2018 11.07.2018 NS ES/PN/SAR 4/20.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/