Sri Subramaniya Swamy Thirukoil v. S.Shankaranarayan @ Mannuli Shankar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Sri Subramaniaya Swamy Thirukoil, Kanigarya Thirishuthanthirargal Sabha, No.151, 1st Lane Cross Street, Tiruchendur - 628 215, Thoothukudi District through its President.

2.A.Chellapa Iyer, President, Sri Subramaniaya Swamy Thirukoil, Kanigarya Thirishuthanthirargal Sabha, No.151, 1st Lane Cross Street, Tiruchendur - 628 215, Thoothukudi District. ... Petitioners/ Plaintiffs Vs.

1.S.Shankaranarayanan @ Mannuli Shankar 2.M.Ganapathi @ Kannan (Yanaimuthan) 3.T.Hariharan @ Thandapani Hari 4.G.Seetharaman 5.K.Harishenbagaraja 1/5

6.Narayanan @ Kutty 7.Chithambaram 8.Viswanathan 9.S.Venkatesh Iyer 10.I.Nagarajan Iyer @ Highways 11.Subramanian (STD) : Respondents/ Defendants 1 to 11 Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct learned District Munsif, Tiruchendur to dispose the suit in O.S.No.11 of 2021 pending on the file of the learned District Munsif, Tiruchendur within a time frame fixed by this Court. For Petitioners : Mr.D.Selvanayagam

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.11 of 2021, pending on the file of the District Munsif Court, Tiruchendur, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioners. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary. 2/5

3. The petitioners as plaintiffs have filed the suit in O.S.No.11 of 2021, claiming reliefs of permanent injunction restraining the defendants, their men etc., from doing Viboothi Prasatham Kaingaryam to devotees in front of Mayil Dhevan sannadhi.

4. The learned counsel appearing for the revision petitioners would submit that though the respondents/defendants had filed written statement as early as on 15.07.2022, the suit is pending without any progress and that therefore, the trial has to be expedited.

5. The fact remains that the suit was filed only in the year 2021. 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 petitioners, without approaching the trial Court, have directly come forward with the present 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. 3/5

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The revision petitioners are at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is required to consider the urgency for early trial, in the light of the circulars issued by this Court.

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

12.10.2023 NCC :yes/No Index :yes/No Internet:yes/No das To

1. The District Munsif, Tiruchendur.

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

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K.MURALI SHANKAR ,J.

das Order made in Dated : 12.10.2023 5/5