S.I.Basheer Ahamed, v. The Assistant Settlement

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1510 of 2018 S.I.Basheer Ahamed ... Petitioner/Appellant Vs.

1.The Assistant Settlement Officer (North), Land Survey and Settlement, Office of the Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai-600 005.

2.The Tahsildar, Tiruchirapalli Taluk, Tiruchirapalli District, Having office at Bharathidasan Salai, Cantonment, Tiruchirapalli.

3.Ayisha Parveen Bijili 4.Fathima Shanas Bijili 5.Arifa Farshana Bijili 6.Jiyavur Rehman Bijili 7.Shah Hussain Bijili 8.Trichy District Jagery & Jagery Powder Merchant Association, Represented by its President.

...Respondents/ Respondent

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Principal Subordinate JudgeCum-Tribunal Constituted under Tamil Nadu Inam Estate (Abolition and Conversion into Ryotwari), Act 26 of 1963, Trichy to dispose of the appeal in Inam C.M.A.No.1 of 2012 within a stipulated time. For Petitioner : Mr.K.K.Senthil for Mr.G.Arul Murugan

O R D E R

The petitioner has filed this Civil Revision Petition to direct the Principal Subordinate Judge-Cum-Tribunal Constituted under Tamil Nadu Inam Estate (Abolition and Conversion into Ryotwari), Act 26 of 1963, Trichy to expedite the proceedings in Inam C.M.A.No.1 of 2012.

2. The petitioner has filed an appeal in C.M.A.No.1 of 2012 before the Principal Subordinate Judge-Cum-Tribunal Constituted under Tamil Nadu Inam Estate (Abolition and Conversion into https://hcservices.ecourts.gov.in/hcservices/

Ryotwari), Act 26 of 1963, Trichy against the respondents. It is seen that the said appeal has been pending from the year 2012 onwards on its file without any progress and though this Court has time and again directed the trial court to reduce the pendency, the way in which the trial court in the case is being conducted is highly depreciable and this Court is dissatisfied with the progress of the trial Court. No justification can be given for keeping the matter pending for about 7 years.

3.I have heard the learned counsel appearing for the petitioner and also perused the entire materials on record. 4.Taking into consideration 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 Principal Subordinate Judge-Cum-Tribunal Constituted under Tamil Nadu Inam Estate (Abolition and Conversion into Ryotwari), Act 26 of 1963, Trichy.

5.Accordingly, this Civil Revision Petition is allowed and the learned Principal Subordinate Judge-Cum-Tribunal Constituted under Tamil Nadu Inam Estate (Abolition and Conversion into Ryotwari), Act 26 of 1963, Trichy, is directed to dispose of the case in Inam C.M.A.No.1 of 2012 as expeditiously as possible, not later than three months from the date of receipt of a copy of this order, by conducting the trial on day-to-day basis, by giving notice to both parties. After passing the orders in the said appeal the same shall be intimated to this Court within 10 days thereafter. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To The Principal Subordinate Judge-Cum-Tribunal Constituted under Tamil Nadu Inam Estate (Abolition and Conversion into Ryotwari), Act 26 of 1963, Trichy.

COPY TO:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+2cc to M/S.G.Arul Murugan, Advocate SR.No. 73804 C.R.P.(PD)(MD)No.1510 of 2018 19.07.2018 https://hcservices.ecourts.gov.in/hcservices/ am JM/RP/SAR 2/26.07.2018/2P/5C