Madras High CourtCRP(MD)/1911/2019disposed of

Mani Sankar v. The Joint Commissioner

2019-10-24Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P(MD)No.1911 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P(MD)No.1911 of 2019 and CMP(MD).No. 9741 of 2019 1.Mani Sankar 2.D.Veerarajan 3.S.Natarajan 4.T.Kannan

5. Dhiraviam

6. M.Premkumar (petitioners are themselves and as representatives of Allampatti Devangar Chettiar Denomination who are members of Allampatti Devangar Mahajana Sabhai) .. Revision Petitioners / Plaintiffs Vs.

1.The Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Sivagangai.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment, Virudhunagar.

... Respondents / defendants PRAYER: This Civil Revision Petition is filed under Article 227 of Constitution of India to set aside the order dated 23.01.2018 made in I.A.No.994 of 2017 in O.S.No.121 of 2017 on the file of District Munsif, Virudhunagar.

For Petitioner : Mr. R. G. Shankar Ganesh

ORDER

This Civil Revision Petition has been filed to set aside the order, dated 23.01.2018 made in I.A.No.994 of 2017 in O.S.No.121 of 2017, on the file of the learned District Munsif, Virudhunagar,

2. The Court below dismissed the said application for default for the reason that Tom Tom Batta not paid. https://hcservices.ecourts.gov.in/hcservices/ 1/4

C.R.P(MD)No.1911 of 2019

3. The learned counsel appearing for the revision petitioners would submit that due to oversight of the counsel appearing for the petitioners in the lower Court batta was not paid. The non payment of Batta is made neither wilful nor wanton. He further submitted that the petitioner is ready to abide any condition of this Court.

4. I have heard the learned counsel appearing for the petitioners and perused the materials available on record.

5. In view of the said submission made by the learned counsel appearing for the revision petitioners, the order passed by the Court below, dated 23.01.2018 made in I.A.No.994 of 2017 in O.S.No.121 of 2017 is set aside. This Court directs the revision petitioner, to pay the Tom Tom batta within a period of two weeks from the date of receipt of a copy of this order, failing which, this revision petition shall stand dismissed automatically. 6.

This Civil Revision petition is disposed of accordingly. No costs.

Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) trp To The District Munsif, Virudhunagar.

+1CC TO MR.R.G.SHANKAR GANESH, Advocate Sr. No. 94291 C.R.P(MD)No.1911 of 2019 and CMP(MD).No. 9741 of 2019 24.10.2019 SCR(CO) KK(01.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4