Lakshmi.R v. The Principal District Judge

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Lakshmi ... Petitioner Vs.

1.The Principal District Judge, Combined District Court Buildings, Madurai-625 020.

2.The II Additional Subordinate Judge, Combined District Court Buildings, Madurai-625 020.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to provide certified copies of the judgment and decree dated 23.06.1992 made in O.S.No.951 of 1991 and affidavit & petition in I.A.No.192 of 1995 on the file of the 2nd respondent Court on the basis of the petitioner's copy application dated 04.07.2023 bearing Nos. 8737 and 8738/2023 and on the basis of the petitioner's representations dated 01.08.2023 and 07.10.2023.

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For Petitioner : Mr.I.Sriranganathan

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The prayer sought for in the Writ Petition is to direct the respondents 1 and 2 to provide certified copies of the judgment and decree dated 23.06.1992 made in O.S.No.951 of 1991 and affidavit & petition in I.A.No.192 of 1995 on the file of the 2nd respondent on the basis of the petitioner's copy application dated 04.07.2023 bearing Nos.8737 and 8738/2023 and on the basis of the petitioner's representations dated 01.08.2023 and 07.10.2023. 2.The grievance of the petitioner is that copy application filed on 04.07.2023, seeking certified copy of the judgment and decree dated 23.06.1992 made in O.S.No.951 of 1991 is yet to be complied with. 3.Normally, such Writ Petitions are not entertainable, in view of the fact that the litigants are bound to pursue their applications before the Court concerned. In the present case, the application was filed on 04.07.2023 and four 2/5

months lapsed. Therefore, we have directed the learned 2nd Additional Subordinate Judge, Madurai to inform the present status of the application. The learned 2nd Additional Subordinate Judge, vide letter dated 15.12.2023 informed us that entire records in O.S.No.951 of 1991 on the file of the 2nd Additional Sub Court, Madurai was transferred to the Principal District Munsif Court, Madurai Town in pursuance of pecuniary jurisdiction after rectification of defects in D.No.2825, dated 13.10.2005.

4.The learned Principal District Munsif vide letter dated 15.12.2023 informed this Court that entire records in O.S.No.951 of 1991 on the file of the III Additional Sub Court, Madurai had been received by this Court and re-submitted to the II Additional Sub Court, Madurai for rectification of defects in D.No. 103/2006, dated 17.02.2006 of this Court.

5.Since action has been taken by the Court concerned, the petitioner is at liberty to pursue his application. The respondents are directed to consider the application and comply with the same as expeditiously as possible. 3/5

6.With the above observations, this Writ Petition stands disposed of. No costs.

(S.M.S., J.) & (L.V.G., J.) 18.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Principal District Judge, Combined District Court Buildings, Madurai-625 020.

2.The II Additional Subordinate Judge, Combined District Court Buildings, Madurai-625 020.

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S.M.SUBRAMANIAM, J.

AND L.VICTORIA GOWRI, J.

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