Madras High CourtCMP(MD)/14234/2023dismissed as infructuous

The Executive Engineer v. S.Thangavelu

2023-12-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 05.12.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.M.P.(MD)No.14234 of 2023 in C.R.P.(MD)SR No.73590 of 2023 The Executive Engineer & Administrative Officer, Trichy Housing Unit, Kasamalai Colony, Trichy 620 020.

: Proposed Appellate/ 3rd Party Requisition Officer/ 3rd Party Requisition Officer Vs.

1.S.Thangavelu : 1st Respondent/Petitioner/ Claimant Land Owner 2.The Special Thasildar (L.A) Urban, Neibourhood Scheme, Tiruchirappalli.

:2nd Respondent/Respondent/ Respondent (L.A) Prayer : The Civil Miscellaneous Petition filed under Section 151 C.P.C., to Grant Leave to the petitioner herein to file the present Civil Revision Petition as against the order passed by the Subordinate Court, Trichy in E.P.No.144 of 2005 in L.A.O.P.No.34 of 1989, dated 10.08.2023. 1/4

Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order of attachment made in E.P. No.144 of 2005 in L.A.O.P.No.34 of 1989, dated 10.08.2023 on the file of the Subordinate Court, Trichy.

For Petitioner : Mr.A.Kannan For Caveator : Mr.K.K.Senthil, for R1 : Mr.A.Baskaran, Additional Government Pleader, for R2.

ORDER

This Civil Miscellaneous Petition has been filed to Grant Leave to the petitioner herein to file the above civil revision petition as against the petition and order passed in E.P.No.144 of 2005 in L.A.O.P.No.34 of 1989, dated 10.08.2023 on the file of the Subordinate Court, Trichy.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the revision petitioner has not pressed the E.P and made an endorsement to that effect and on that basis, E.P., was ordered to be dismissed as not pressed on 28.11.2023 and as such nothing survives for further adjudication in the present petition. 2/4

3. Recording the submission made by the learned counsel for the petitioner, the Civil Miscellaneous Petition is dismissed as infructuous. Consequently, the Civil Revision Petition is rejected at the SR stage itself. No costs.

05.12.2023 NCC :yes/No Index :yes/No Internet:yes/No das To

1. The Subordinate Judge, Trichy 2.The Special Thasildar (L.A) Urban, Neibourhood Scheme, Tiruchirappalli.

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

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K.MURALI SHANKAR ,J.

das C.M.P.(MD)No.14234 of 2023 in C.R.P.(MD)SR No.73590 of 2023 Dated : 05.12.2023 4/4