V.Chellappan v. R. Mani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2023

CORAM

THE HON'BLE MR.JUSTICE C.KUM A R A P P A N V.Chellappan Petitioner Vs.

R.Mani Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India to pass an order directing speedy trial of the petition in P.No.12 of 2022 before the learned Revenue Court at Lalgudi. For Petitioners : Mr.S.K.Mani

ORDER

This Civil Revision Petition has been filed to pass an order directing speedy trial of the petition in P.No.12 of 2022 before the learned Revenue Court at Lalgudi.

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2. The learned counsel appearing for the revision petitioner would submit that the petitioner herein is aged about 70 years and would further submit that though the instant petition was presented during 2017, the same got numbered only during the year 2022. He would further submit that despite the petitioner being ready with the proof affidavit, the same could not be presented before the Revenue Court, as the Presiding Officer was on medical as well as other leave for the past four years, except some few days.

3. I have heard the learned counsel appearing for the petitioner and perused the materials available on record.

4. It is seen from the typed set of papers that the said petition has been filed during 2017 and on perusal of the notes paper, on many hearing it has been adjourned for enquiry. However, from 03.10.2018 this petition have been posted for evidence and have been adjourned time to time without assigning any reason.

5. The learned counsel for the petitioner would consent that 2/4

they are ready to let in evidence and ready with the proof affidavit and only because of adjournment they could not proceed with the case.

6. I have considered the submission made by the learned counsel for the petitioner, and also having perused the records and taking into consideration of the age of the petitioner, this Court deem it appropriate to show some affirmative indulgence in this matter.

7. In the result, this Civil Revision Petition is allowed directing the Court below to dispose the said P.No.12 of 2022 as expeditiously as possible, preferably within a period of six months from the date of receipt of the copy of this order. No costs. 25.08.2023 Index :

Yes / No Internet :

Yes / No trp To The Revenue Court at Lalgudi.

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C.KUM A R A P P A N , J., trp 25.08.2023 4/4