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Madras High CourtCRP(MD)/2340/2016dismissed

Hindu Nadar Uravinmurai, v. The Village Administrative

2018-07-30Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)No.2340 of 2016 and C.M.P.(MD)Nos.10792 of 2016 & 1518 of 2017 Hindu Nadar Uravinmurai Muhamai Committee, Rep. by its President, M.Kamaraj, T.N.Puthukudi, Puliangudi, Tirunelveli District.

... Petitioner Vs.

1. The Village Administrative Officer, Village Administrative Office, T.N.Puthukudi, Puliangudi, Tirunelveli District.

2. The Thasildar, Thasildar Office, Kadayanallur.

3. The Revenue Divisional Officer, Tenkasi.

4. The District Collector, Tirunelveli Collector Office, Tirunelveli.

5. The Commissioner, Puliangudi Municipality, Tirunelveli.

... Respondents Prayer:- This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 29.04.2016, passed in I.A.No.774 of 2015 in O.S.No.168 of 2015, by the learned District Munsif-cum-Judicial Magistrate, Sivagiri.

For Petitioner :

Mr.S.Chellapandian For R1 to R4 :

Mr.Aayiram K.Selvakumar Additional Government Pleader For R5 :

Mr.T.S.Mohamed Mohideen

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair order and decretal order dated 29.04.2016, passed in I.A.No.774 of 2015 in O.S.No.168 of 2015, by the learned District

Munsif-cum-Judicial Magistrate, Sivagiri.

2.I have heard the learned counsel appearing for the parties and perused the materials available on record. 3.The petitioner is challenging the order dated 29.04.2016, passed in I.A.No.774 of 2015 in O.S.No.168 of 2015, by the learned District Munsif-cum-Judicial Magistrate, Sivagiri, which is an appealable order.

4.Therefore, without going into the merits of the case, this Civil Revision Petition is dismissed by giving liberty to the petitioner to file an appeal within a period of three weeks from the date of receipt of a copy of this order. In the event of filing such an appeal within the period stipulated above, the appellate Court is directed to number the appeal without reference to the delay period. No costs. Consequently, C.M.P.(MD)No.10792 of 2016 is dismissed and C.M.P.(MD)No.1518 of 2017 is closed. Sd/- 30.07.2018 This Petition having been posted on 16.10.2018,"For Being Mentioned". In pursuance to the earlier order of this Court dated 30.07.2018 and made herein in the presence of the abovesaid Advocate, this Court made the following order: The matter is listed under the caption 'for being mentioned' under the instance of the learned counsel of the petitioner.

2. Though original order was passed on 30.07.2018, directing the Registry to return the original impugned order by keeping xerox, Registry has not returned the original papers. Since the Registry has not returned the original impugned order, the time already granted to prefer an appeal has expired.

3. Hence, Registry is directed to return the original impugned order today itself. Time granted already is extended for a further period of three weeks from the date of receipt of original papers from the Registry.

4.In all other aspects the order dated 30.07.2018, passed in CRP(MD) No.2340 of 2016 shall remain unaltered. Sd/- Assistant Registrar(CRL SIDE) Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar(CS-II)

To To be substituted to the order already despatched 28.08.2018

1. The District Munsif-cum-Judicial Magistrate, Sivagiri.

2. The Village Administrative Officer, Village Administrative Office, T.N.Puthukudi, Puliangudi, Tirunelveli District.

3. The Thasildar, Thasildar Office, Kadayanallur.

4. The Revenue Divisional Officer, Tenkasi.

5. The District Collector, Tirunelveli Collector Office, Tirunelveli.

6. The Commissioner, Puliangudi Municipality, Tirunelveli.

7. The Record Keeper,(2 copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.

8.The Record Keeper, ER Section, Madurai Bench of Madras High Court, Madurai. (With a direction to return the original impugned order to the petitioner after substituting the same with a xerox copy) +1cc to Mr.T.S.Mohamed Mohideen, Advocate Sr.No.75807 +1cc to Mr.S.Chellapandian, Advocate Sr.No.76061 SMN2 VB/KAK/SAR4/11.08.2018/3P/11C AAV/GNS DS SKN SAR-2 16.10.2018 3P/12C C.R.P.(MD)No.2340 of 2016 30.07.2018