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Madras High CourtCRP(MD)/1683/2018disposed of

N.Sundararajan v. V.Seeniya Pillai(Diedon12/8/17

2018-08-03Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1683 of 2018 1.N.Sundararajan 2.S.Kaleeswaran ...Revision Petitioners/ Petitioners/Landlords Vs.

V.Seeniya Pillai(Died on 12.08.2017) 1.Pandiammal 2.Pappathiammal,W/O.Rajendiran 3.S.Chellapandi 4.Pal Pandi 5.Pappathi Ammal,W/o.late.V.Seeniya Pillai 6.Vallarasu 7.Muthulakshmi

...Respondents/Respondents 2 to 8/Tenants

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Special Deputy Collector, Revenue Court, Madurai to dispose of the T.C.T.P.No.23 of 2011 on its file within a time frame fixed by this Court. For Petitioners : Mr.S.Manohar

O R D E R

This Civil Revision Petition is filed for a direction to dispose of the T.C.T.P.No.23 of 2011 on the file of the Special Deputy Collector, Revenue Court, Madurai, within a time frame as fixed by this Court.

2.The petitioners are the landlords have filed a petition in T.C.T.P.No.23 of 2011 before the Special Deputy Collector (Revenue Court), Madurai, for eviction against the respondents/tenants. The said T.C.T.P., has been filed in the year 2011 and the same is pending for more than 7 years without any further proceedings. Therefore, the petitioners have approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the Special Deputy Collector (Revenue Court), Madurai to dispose of the petition in T.C.T.P.No.23 of 2011,, within a particular period.

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

4.The petition in T.C.T.P.No.23 of 2011 has been filed in the year 2011 and for more than seven years, it was continuously adjourned. It is seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned periodically for administrative reasons.

5. Since the petitioners have sought for a limited prayer for early disposal of the T.C.T.P., no notice is necessary to the respondents, which would cause no prejudice anyway to the respondents. It is an admitted fact that the T.C.T.P., is pending from 2011 onwards, but, the Special Deputy Collector (Revenue Court), Madurai, has not taken any action to dispose of the T.C.T.P., which is pending for more than seven years. Therefore, I am inclined to pass the following order:

The Special Deputy Collector (Revenue Court), Madurai, is directed to dispose of the T.C.T.P.No.23 of 2011 within a period of three 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 TCTP, within the time limit fixed by this Court for passing orders. The Special Deputy Collector (Revenue Court), Madurai, is directed to file a compliance report before this Court within a period of ten days after passing orders in the T.C.T.P.No.23 of 2011.

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

Sd/ Assistant Registrar(Crl side) /True copy/ Sub Assistant Registrar To 1.The Special Deputy Collector (Revenue Court), Madurai.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.S.MANOHAR, Advocate, SR.No.77393 C.R.P.(PD)(MD)No.1683 of 2018 03.08.2018 NS KK/RSK/SAR-1/03.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/