Boomadevi v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Boomadevi ... Petitioner/ 3rd Plaintiff Vs.

1. The Tahsildar Kovilpatti Taluk, Thoothukudi District.

2. The District Collector, Thoothukudi District, Thoothukudi.

3. Ajay

4. Kala ... Respondents 1-4/ Defendants 1-4

5. Jhansi Rani

6. Minor. Jaina Guneeth represented through her mother and natural guardian/5th respondent ... Respondents 5 &6/ Plaintiffs 1 & 2 1/6

Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned District Munsif, Kovilpatti, Thoothukudi to dispose of O.S.No.34 of 2020 on the file of the District Munsif, Kovilpatti, Thoothukudi as expeditiously within a stipulated time as fixed by this Court and allow this Civil Revision Petition. For Petitioner : Mr.S.Alagusundar For R1 & R2 : Mr.A.Baskaran Additional Government Pleader

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.34 of 2020, pending on the file of the District Munsif, Kovilpatti, Thoothukudi District, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the private respondents is not necessary.

2/6

3. The revision petitioner and the respondents 5 and 6 have filed the suit in O.S.No.34 of 2020 for declaring them as the legal heirs of the deceased Gobi, who died on 14.11.2019.

4. The learned counsel appearing for the revision petitioner would submit that two civil suits have been filed for declaring the legal heirs of the deceased Gobi, who is none other than the only son of the revision petitioner, that in order to get the death benefits of the deceased Gobi, the defendants therein are intentionally drag on the proceedings, that the suit is pending for the past three years without any progress, that the revision petitioner is a senior citizen and that therefore, the trial has to be expedited.

5. The fact remains that the suit was filed in the year 2020. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner without approaching the trial Court, has directly come forward with the present 3/6

Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.

6. As rightly pointed out by the learned counsel appearing for the revision petitioner, the revision petitioner is a senior citizen. In view of the above, the revision petitioner is at liberty to approach the trial Court and if such requisition for speedy disposal is made, the trial Court is required to consider the urgency for early trial, in the light of the circulars issued by this Court and on the ground of senior citizenship.

7. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

05.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm 4/6

To

1. The District Munsif, Kovilpatti, Thoothukudi District.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR ,J.

csm Order made in Dated : 05.10.2023 6/6