Madras High CourtCRP(MD)/2341/2019disposed of

C.Paramasivam v. The State Of Tamilnadu

2019-12-19Honourable Mrs Justice R. Tharani2 pages

C.R.P(MD)No.2341 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI C.R.P(MD)No.2341 of 2019 and C.M.P.(MD)No.12348 of 2019 1.C.Paramasivam 2.C.Ravichandran ...1 and 2 Revision Petitioners / 1 and 2 Petitioners/ 2 and 3 Plaintiff Vs.

1.The State of Tamil Nadu Through the District Collector, Dindigul, Dindigul District.

2.The Divisional Engineer, Highways and Rural Works, Pandiyan Nagar, Dindigul.

... Respondents /Respondents/ Defendants Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the order passed in I.A.No.319 of 2017 in O.S.No.165 of 2010, dated 26.07.2019 by the Principal Sub Judge, Dindigul.

For Petitioners : Mr.K.Bhaskaran For Respondents : Mr.K.Mu.Muthu Additional Government Pleader ***

ORDER

The Civil Revision Petition is filed against the order, dated 26.07.2019, in I.A.No.319 of 2017 in O.S.No.165 of 2010, passed by the Principal Sub Judge, Dindigul.

2. Mr.K.Mu.Muthu, learned Additional Government Pleader takes notice for the respondents and get instructions from the officials.

3. On the side of the petitioners, it is stated that the Commissioner's report was filed at a belated stage, but, refusing to accept the Commissioner's Report, the trial Court dismissed the petition. Now, at this stage, the petitioners requested this Court for speedy disposal of the suit itself.

4. In the above circumstances, the trial Court is directed to accept the Commissioner's report and the parties to the suit are to be given an opportunity to file objection over the Commissioner's report and thereafter the trial Court has to conduct the trial and https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD)No.2341 of 2019 dispose of the suit in O.S.No.165 of 2010 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order.

5. With the above observation, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To 1.The Principal Sub Judge, Dindigul.

2.The District Collector, Dindigul, Dindigul District.

3.The Divisional Engineer, Highways and Rural Works, Pandiyan Nagar, Dindigul.

4.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1 CC to M/s.M/S.K.BHASKARAN, Advocate ( SR-105799[F] dated 19/12/2019 ) +1 CC to M/s.SPL.GP ( SR-106173[F] dated 20/12/2019 ) C.R.P(MD)No.2341 of 2019 19.12.2019 KK/SAR/07.01.2020/2P-8C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2