← Library
Madras High CourtCRP(MD)/1943/2019disposed of

A.Vincent Charles v. M.Maharajan

2019-10-31Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P(MD)No.1943 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P(MD)No.1943 of 2019 A. Vincent Charles ... Petitioner / Petitioner Vs.

M. Maharajan ... Respondent / respondent PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India seeking direction to the learned District Munsif Court (The Rent Control Tribunal), Thirumangalam, to dispose of RCOP.No. 13 of 2017 within the time frame fixed by this Court. For Petitioner : Mr. Lakshmi Gopinathan

ORDER

This Civil Revision Petition has been filed for issuing a direction to the District Munsif Court (The Rent Control Tribunal), Thirumangalam, to dispose of RCOP.No. 13 of 2017, within a time frame to be fixed by this Court.

2. The revision petitioner, who is the landlord, has filed RCOP.No. 13 of 2017, on the file of the District Munsif Court (the Rent Control Tribunal), Thirumangalam, for eviction and the same is posted for evidence. However, the said RCOP is pending for the past two years without any progress. Hence, the petitioner has come out with the present Civil Revision Petition before this Court.

3. In view of the Judicial Notification No.C-5 CAS/2007, Tamil Nadu (Case Flow Management in Subordinate Courts) Rules, 2007, dated 23.11.2017, based on the order passed by the Hon'ble Supreme Court in W.P(Civil).No. 496 of 2002, (Salem Advocates Bar Association, Tamil Nadu Vs. Union of India), the learned counsel contended that RCOP must be disposed of within a period of 9 months from the date of filing.

4. In view of the limited relief sought for by the petitioner and considering the fact that no prejudice would be https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.1943 of 2019 caused to the respondent by ordering this petition, this Court is of the view that notice need not be sent to the respondent.

5. Considering the facts and circumstances of the case and also the submission made by the learned counsel appearing for the petitioner and the judicial Judicial Notification No.C-5 CAS/2007, Tamil Nadu (Case Flow Management in Subordinate Courts) Rules, 2007, dated 23.11.2017, this Court is inclined to issue a direction to the Court below to dispose of the said RCOP within a time frame.

6. Accordingly, the learned District Munsif Court (The Rent Control Tribunal), Thirumangalam, is hereby directed to dispose of the RCOP.No. 13 of 2017, pending on its file, as expeditiously as possible, in any event, not later than three months from the date of receipt of a copy of this order.

7.

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

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) trp To The District Munsif, (The Rent Control Tribunal), Thirumangalam.

+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-95763[F] dated 04/11/2019 ) C.R.P(MD)No.1943 of 2019 31.10.2019 JMN(22.11.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2