Rajalakshmi Died v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Rajalakshmi (Died) 1.Sekar 2.K.Parvathy 3.K.Prabavathi 4.K.Gomathi 5.Minor K.Sivabalan 6.K.Arumugam Chinnaponnu (Died) 7.Nagendran 8.Vijayalakshmi 9.Muthulakshmi 10.Gnanamuthu 1/6

11.Bharathi 12.Minor Parkavi 13.Minor Naga Nithin ... Petitioners (The petitioners 12 and 13 represented through their mother / next friend of the 11th petitioner) Vs.

1.The District Collector, Madurai District, Madurai-625 020.

2.The Tahsildar, Madurai North Taluk, Madurai.

... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned District Munsif Court, Madurai Taluk to dispose the I.A.No.40 of 2024 in I.A.No.201 of 2021 in O.S.No.93 of 2015 within a period stipulated by this Court and pass such further or other order as this Court.

For Petitioners : Mr.K.Sudalaiyandi 2/6

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose of the I.A.No.40 of 2024 in I.A.No.201 of 2021 in O.S.No.93 of 2015 pending on the file of the learned District Munsif Court, Madurai Taluk within a time stipulated by this Court.

2. According to the revision petitioners, originally the land property comprised in R.S.No.97/14 to an extent of 2 acres and 50 cents which situated at Kaalikappan Village, Madurai North Taluk (presently Madurai East) was originally belonged to the Government of Tamil Nadu. Subsequently, the revision petitioner and other legal heirs of the revision petitioner's deceased father Karuppaiah have filed a civil suit in O.S.No.93 of 2015 for the relief of declaration and injunction. In the meantime, the respondents filed the application in I.A.No.201 of 2021 in O.S.No.93 of 2015. The above said application was dismissed for default on 09.01.2024. Subsequently, the respondents filed another application in I.A.No.40 of 2024 to restore the application in I.A.No.201 of 2021. 3/6

For the past 10 months, the respondents did not prefer for enquiry in the said application and taking continuous adjournments with a view to drag on the proceedings by getting several adjournments. Hence, the present Civil Revision Petition is filed.

3. Heard the learned counsel appearing for petitioner. Since the revision is filed for seeking early disposal, no notice is necessary to the respondent.

4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned District Munsif Court, Madurai Taluk, to dispose of the case as expeditiously as possible.

5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned District Munsif Court, Madurai Taluk to dispose of the I.A.No.40 of 2024 in I.A.No.201 of 2021 in O.S.No.93 of 2015 pending on his file, within a period of one (1) month from the date 4/6

of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs.

20.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The District Munsif Court, Madurai Taluk.

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K.GOVINDARAJAN THILAKAVADI , J.

BTR Order made in 20.12.2024 6/6