Madras High CourtCRP(MD)/1624/2018disposed of

S.M.S. Selva Ganesan v. M/S. Supreme

2018-07-31Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1624 of 2018 S.M.S.Selva Ganesan

...Petitioner/Petitioner

Vs.

1.M/s.Supreme Through its Partner N.Mohammed 2.M/s.Supreme Readymades, Through its Proprietor, N.Mohammed.

...Respondents/Respondents

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the District Munsif/Rent Controller, Madurai Town to dispose of the suit in Rent Control Original Petition No.75 of 2013 within a time frame as fixed by this Court.

For Petitioner : Mr.RM.Arun Swaminathan

O R D E R

This Civil Revision Petition is filed for a direction to the District Munsif/Rent Controller, Madurai Town to dispose of the suit in R.C.O.P.No.75 of 2013 within the Stipulated time. 2.The petitioner has filed an application in R.C.O.P.No.75 of 2013 before the District Munsif (Rent Controller) Madurai Town, for eviction, against the respondents. The said R.C.O.P has been filed in the year 2013 and the same is pending for more than 5 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 the District Munsif (Rent Controller) Madurai Town, to dispose of the R.C.O.P.No.75 of 2013, within a particular period.

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

https://hcservices.ecourts.gov.in/hcservices/ 4.The R.C.O.P.No.75 of 2013 has been filed in the year 2013 and for more than five years, it was continuously adjourned. It is

seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned for the respondent's side enquiry.

5. Since the petitioner has sought for a limited prayer for early disposal of the R.C.O.P., no notice is necessary to the respondents, which would cause no prejudice anyway to the respondents. It is an admitted fact that the R.C.O.P., is pending from 2013 onwards, but the District Munsif (Rent Controller) Madurai Town, has not taken any action to dispose of the R.C.O.P., which is pending for more than five years. Therefore, I am inclined to pass the following order:

The District Munsif (Rent Controller) Madurai Town, is directed to dispose of the R.C.O.P.No.75 of 2013 within a period of two months 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 R.C.O.P., within the time limit fixed by this Court for passing orders. The District Munsif (Rent Controller) Madurai Town, is directed to file a compliance report before this Court within a period of ten days after passing orders in R.C.O.P.No.75 of 2013.

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

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The District Munsif (Rent Controller) Madurai Town.

+1CC to Mr.RM.Arun Swaminathan Advocate in SR.No.75831. NS DS/SKN/SAR-1 :09.08.2018: 2P/3C C.R.P.(PD)(MD)No.1624 of 2018 31.07.2018 https://hcservices.ecourts.gov.in/hcservices/