Madras High CourtCRP(MD)/1790/2021allowed

Thilagam v. Samantham Pillai(Died),1).Guruvammal,

2021-11-19Honourable Ms. Justice P.T. Asha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA and C.M.P.(MD) No.9614 of 2021 1.Thilagam 2.Sivakumar 3.Gomathi 4.Minor Anisha 5.Minor Harsini Sahana (Minors 4th and 5th petitioners are represented by their mother and next friend the 3rd petitioner herein) 6.Bhavani 7.Vasanthakumari 8.Sumathi 9.Rani .. Petitioners/Plaintiffs -vsSamantham Pillai (Died) 1.Guruvammal 2.Murugaiah 3.Manoharan 4.Kiran 5.Jeyalakshmi 6.Louis 7.The Thasildar Pudukkotai Taluk, Pudukkotai.

8.The State, Rep., by The District Collector, Pudukkottai District, Pudukkottai.

9.The Competent Authority cum The District Revenue Officer, Land Acquisition, National Highways, Pudukkottai.

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10.N.Banu @ Banumathi .. Respondents (RR 3 to 10 remained ex-parte) Prayer :- Petition filed under Article 227 of the Constitution of India against the Fair and Decreetal order dated 23.08.2021 made in I.A.No.470 of 2019 in O.S.No.106 of 2013 on the file of the Additional Sub Judge, Pudukkottai, insofar as imposition of costs. For Petitioners :

Mr.G.Sridharan For RR 7 to 9 :

Mr.N.Muthuvijayan, Special Government Pleader ******

ORDER

This revision is filed by the petitioners/plaintiffs challenging the order passed in I.A.No.470 of 2019 in O.S.No.106 of 2013 on the file of the Additional Sub Judge, Pudukkottai, insofar as it has directed the petitioners to pay costs of Rs.10,000/- to the District Legal Services Authority, Pudukkottai. 2.The learned Special Government Pleader submitted that he has no objection to the Civil Revision Petition being ordered. 3.Accordingly, the Civil Revision Petition is allowed and the order dated 23.08.2021, in I.A.No.470 of 2019 in O.S.No.106 of 2013 passed by the learned Additional Sub Judge, Pudukkottai is set aside, insofar as it directs the petitioners to pay costs of Rs.10,000/- to the District Legal Services Authority, Pudukkottai. The suit is of the year 2013 and it is informed that pleadings are complete in the above matter.

Therefore, the learned Additional Sub Judge, Pudukkottai shall complete the trial within a period of four months from the date of receipt of a copy of this order. Considering the fact that respondents 3 to 10 remained ex-parte in the above proceedings, notice to them is dispensed with. No costs. Consequently, connected miscellaneous petition is closed.

Note:- In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The Additional Sub Court, Pudukkottai.

Copy to 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Competent Authority cum The District Revenue Officer, Land Acquisition, National Highways, Pudukkottai.

3.The Thasildar Pudukkotai Taluk, Pudukkotai.

4.The Officer Incharge, District Legal Services Authority, Pudukkottai.

+1 CC to M/s.G. SRIDHARAN, Advocate ( SR-35221[F] dated 19/11/2021 ) +1 CC to M/s.SPL GP ( SR-35345[F] dated 22/11/2021 ) Dated: 19.11.2021 TR(29.11.2021) 3P 7C 3/3