Madras High CourtCRP(MD)/1836/2019disposed of

M.Boopathiraj v. M.Paramasivam

2019-10-17Honourable Mr Justice Krishnan Ramasamy2 pages

C.R.P.(MD).No.1836 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(MD).No.1836 of 2019 M.Boopathiraj ... Revision Petitioner/Respondent/ Petitioner-Landlord Vs.

M.Paramasivam ... Respondent/Appellant/Respondent- Tenant PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to dispose of the R.C.A.No.67 of 2017 on the file of the learned Principal Sub Judge (appellate authority under Act 18 of 1960), Madurai, within a time frame fixed by this Court. For Petitioner : Mr.S.Manohar

O R D E R

The Civil Revision Petition has been filed seeking a direction to the learned Principal Sub Judge (appellate authority under Act 18 of 1960), Madurai, to dispose of the R.C.A.No.67 of 2017.

2. According to the revision petitioner, the Rent Control Appeal is filed in the year 2017 and the same is pending for the past two years. Hence, the revision petitioner has filed the present Civil Revision Petition seeking a direction to the learned Principal Sub Judge (appellate authority under Act 18 of 1960), Madurai, for early disposal of the R.C.A.No.67 of 2017.

3. The learned counsel appearing for the revision petitioner would submit that as per the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the Rent Control Appeal should be disposed of within a period of nine months from the date of filing the appeal. But, the R.C.A.No.67 of 2017 is pending for the past two years without any progress. Hence, the petitioner has filed the present civil revision petition seeking a direction to the learned Principal Sub Judge, Madurai, to dispose of the R.C.A.No.67 of 2017.

4. In view of the Judicial Notification No.C-5 CAS/2007 Tamil Nadu Case Flow Management in Subordinate Courts/Rules 2007, the Court below should have disposed of the appeal within a period of nine months, but the Court below has not disposed of the same within a time. Hence, this Court is constrained to direct the learned Principal Sub Judge, Madurai, to dispose of the R.C.A.No.67 of 2017, on merits and in accordance with law, within a period of four months https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD).No.1836 of 2019 from the date of receipt of a copy of this order, without fail.

5. With the above direction, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) akv To The Principal Sub Judge, Madurai +1 CC to Mr.S.MANOHAR, Advocate ( SR-93151[F] dated 21/10/2019 ) C.R.P.(NPD).(MD).No.1836 of 2019 17.10.2019 AKV MK (18.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2