← Library
Madras High CourtCRP(MD)/2610/2016disposed of

A.Thangasamy, v. The Aruppukottai Varthaga

2016-12-23Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P(MD)Nos.2610 & 2611 of 2016 (PD) 1.A.Thangasamy 2.K.Boopathy 3.T.V.Charles 4.P.Jeyavelpandian 5.P.K.Kannan 6.A.Varatharajan 7.P.M.C.Muthukumar 8.D.Thirupathi 9.V.Packiyam 10.R.Sermarajan

...Petitioner/Petitioner/Plaintiffs

in both C.R.Ps., Vs.

1.The Aruppukottai Varthaga Sangam Having its registered office at 12(1) Telephone road, Aruppukottai.

Virudhunagar District, Represented by its Secretary.

2.M.Sudhakar S/o.M.V.A.Manicka Nadar, President, The Aruppukottai Varthaga Sangam, having its registered office at 18(1), Telephone Road, Aruppukottai, Virudhunagar District.

3.Mr.M.Babu @ Sankara Narayanan, S/o.Mani Alagu, Secretary, The Aruppukottai Varthaga Sangam Having its registered office at 12(1)Telephone Road, Aruppukottai, Virudhunagar District.

4.The Administrative Committee of The Aruppukottai Varthaga Sangam Having its registered office at 12(1) Telehpone road, Aruppukottai.

Virudhunagar District.

5.V.Kasi Murugan Treasurer, The Aruppukottai Varthaga Sangam Having its registered office at 12(Telephone road, Aruppukottai, Virudhuangar District.

6.R.Sudhakar 7.Pun.Kanagaraj 8.N.Kumaran 9.J.Jeyaganesh

...Respondents/Respondents/

Defendants in both C.R.Ps PRAYER in both C.R.Ps.: Civil Revision Petitions are filed, under Article 227 of the Constitution of India, to issue a direction to the Learned Additional District Munsif, Aruppukottai to expedite the enquiry in I.A.Nos.1129 & 1130 of 2015 in O.S.No.245 of 2015 and pass Fair & decreetal order thereon within a reasonable time period.

For Petitioner : Mr.N.Dilip Kumar

ORDER

The issue involved in both the CRPs are interlinked and hence, both CRPs are disposed of by common order.

2.The petitioners have filed these Civil Revision Petitions to direct the learned Additional District Munsif, Aruppukottai to expedite the enquiry in I.A.Nos.1129 & 1130 of 2015 in O.S.No.245 of 2015 and pass Fair & decreetal order, within the time stipulated by this Court.

3.The petitioners are the plaintiffs. The respondents are the defendants. The petitioners filed a suit in O.S.No.245 of 2015 before the Additional District Munsif, Aruppukottai, for declaration and permanent injunction. The respondents have entered appearance through counsel and filed written statement on 01.01.2016 and also filed Additional written statement on 18.04.2016. Along with suit, the petitioners filed I.A.No.1129 of 2015 for injunction and I.A.No.1130 of 2015 for appointment of any retired Judicial Officer assisted by Advocates as Commissioners to conduct General Body Meeting of the first respondent Society for the Aruppukottai Varthaga Sangam. In the above said applications, the respondents filed counter affidavit and thereafter, the case is periodically adjourned for enquiry on the following dates 22.04.2016, 03.06.2016, 15.06.2016, 01.08.2016,17.08.2016, 26.08.2016, 02.09.2016, 07.09.2016 and 08.09.2016. When the case was posted on 12.09.2016, at the request the case was adjourned to 14.09.2016. Thereafter, the respondents dragging on the

proceedings. In the circumstances, the petitioners have come out with the present Civil Revision Petition.

4.I have heard the learned counsel appearing for the petitioners and also perused the materials available on record. 5.Having been taken 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 Additional District Munsif, Aruppukottai.

6.Accordingly, these Civil Revision Petitions are allowed and the learned Additional District Munsif, Aruppukottai, is directed to expedite the enquiry in I.A.Nos.1129 and 1130 of 2015 in O.S.No.245 of 2015 and to dispose of the same as expeditiously as possible, in any event, not later than, 31st March, 2017. No costs.

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar(CS) To The Additional District Munsif, Aruppukottai. +1cc to Mr.N.Dilipkumar, Advocate in SR.83141 C.R.P(MD)Nos.2610 & 2611 of 2016 (PD) 23.12.2016 am.

PBK/SKN/SAR-I 18.01.2017 ::3P-3C: