Ramanathan M v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Twenty Sixth day of October Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice V. BHAVANI SUBBAROYAN WP(MD). No.12560 of 2022 M. Ramanathan ... Petitioner Vs 1 The Sub Registrar Sub-Registrar Office, Alangudi, Pudukokottai District.

2 V.Kokilammbal 3 V.Manikandan ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to consider the petitioners petition No.15/2022 dated 02.03.2022 and 29/2022 dated 10.05.2022 in respect of S.Nos.347/1, 351, 344/19, 350/5 and 354/6, Malaiyur village, Karambakudi Taluk, Pudukottai District till the disposal of the Suit in O.S.No. 161 of 2021 on the file of the Honble Principal District Court, Pudukottai.

ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon perusing the letter D.No.5428/2022/OS/dated 13/10/2022 of the Principal District Judge, Pudukkottai; this Court made the following order:

Today, the matter has been listed before this Court under the caption ''for extension of time'', by the Court below. 2.A perusal of the papers would reveal that the Petitioner herein had filed the above Writ Petition seeking issuance of a Writ of Mandamus directing the first respondent therein to consider the Petitioner's Petition No.15 of 2022, dated 2.3.2022 and 29/2022, dated 10.5.2022 in respect of S.Nos.347/1, 351, 344/19, 350/5 and 354/6 of Malaiyur Village, Karambakudi Taluk, Pudukkottai District till the disposal of the suit in O.S.No.161 of 2021, on the file of the Principal District Judge Court, Pudukkottai. This Court, by order, dated 30.6.2022, dismissed the Writ Petition, however with a https://www.mhc.tn.gov.in/judis

direction to the learned Principal District Judge, Pudukkottai to dispose of O.S.No.161 of 2021 on merits and in accordance withlaw within a period of eight weeks from the date of receipt of a copy of this order.

3.Now the learned Principal District Judge, Pudukkottai had sent a letter to the Registry of this Court in D.No.5428/2022/OS/dated 13.10.2022 seeking a further period of six months for the disposal of O.S.No.161 of 2021, on his file, stating the reason that the Court had taken all efforts to dispose of the above suit within the time prescribed by this Court by examining the witnesses, however, in the meantime, the defendant had filed a petition to reject the plaint and the said petition was dismissed and subsequently, the plaintiff had filed a petition under Order 6 Rule 17 of C.P.C and the same has been returned and now, the suit is posted for trial on 10.10.2022.

4.Considering the above facts and circumstances and the reasons stated therein, this Court is of the view that the extension of time as sought for by the learned Judge may be granted. Accordingly, this Court grants further time of six months for the disposal of the case in O.S.No.161 of 2021, on the file of Principal District Judge, Pudukottai from the date of receipt of a copy of this order by the Court below.

Sd/- Assistant Registrar (CO) // True Copy // /11/2022 Sub Assistant Registrar(CS) TO The Principal District Judge, Pudukkottai.

Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 26/10/2022 ==========================

ORDER

========================== WP(MD). No.12560 of 2022 Giving direction and etc.

as stated within.

MGJ(03.11.2022) 2P 3C https://www.mhc.tn.gov.in/judis