The Executive Officer v. Durairaj @Periyasamy Parathesi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN CRP(MD)Nos.1438 and 1439 of 2013 (PD) and MP(MD)Nos.1 & 1 of 2013 and 1 & 1 of 2014 CRP(MD)No.1438 of 2013 The Executive Officer, Devasthanam, Sathuragiri, Office at Watrap - 626 132.
... Petitioner Vs.
1. Raja Alias Periyasamy Hereditary Trustee, Arulmigu Sundara Mahalingaswamy Temple, Sathuragiri, Saptur.
2. The State of Tamil Nadu, Represented by its Secretary, Department of Tamil Development and Cultural and Religious Endowment, Fort St.George, Madras - 9.
3. The Commissioner, ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and Ex-order passed in I.A.No.534 of 2011 in O.S.No.131 of 2006, dated 29.04.2013 on the file of the Principal Sub Judge, Madurai. For Petitioner : Mrs.N.Krishnaveni, Senior Counsel for Mr.S.Manohar For Respondent 1 : Mr.V.S.Karthi For Respondents 2 & 3 : Mr.M.Alagathevan, Special Government Pleader
CRP(MD)No.1439 of 2013 The Executive Officer, Devasthanam, Sathuragiri, Office at Watrap - 626 132.
... Petitioner Vs.
1. Raja Alias Periyasamy Hereditary Trustee, Arulmigu Sundara Mahalingaswamy Temple, Sathuragiri, Saptur.
2.Janarthanan 3.Ramanathan 4.The Commissioner, ... Respondents (R2 and R3 are given up vide order dated 08.11.2017) PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair order and Exorder passed in I.A.No.535 of 2011 in O.S.No.101 of 2002, dated 29.04.2013 on the file of the Principal Sub Judge, Madurai. For Petitioner : Mrs.N.Krishnaveni, Senior Counsel for Mr.S.Manohar For Respondent 1 : Mr.V.S.Karthi For Respondent 4 : Mr.M.Alagathevan, Special Government Pleader COMMON ORDER These writ petitions have been filed to set aside the impugned orders passed by the Principal Sub Judge, Madurai. 2.The learned Senior counsel appearing the petitioner would fairly submit that the petitioner has no objection only for impleading the first respondent as legal heir of the deceased and not otherwise and further submitted that the claim against the second and third respondents may be given up, since no relief is sought against them.
3.Recording such statement, the second and third respondents are given up and these civil revision petitions are disposed. However, it is left open to the parties to proceed with the other
issues before the competent civil Court on merits. Though this Court in the earlier round of litigation in CRP No.443 of 2006, directed the civil Court to dispose the suits within a period of three months and such an order came to be passed in the year 2006, even then the suits are pending. Considering all these facts, this Court directs the Principal Sub Judge, Madurai to dispose the main suits as expeditiously as possible by conducting day to day proceedings, preferably within a period of six months from the date of receipt of a copy of this order. No cost. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To
1. The Executive Officer, Devasthanam, Sathuragiri,Office at Watrap - 626 132.
2. The Secretary, Department of Tamil Development and Cultural and Religious Endowment, Fort St.George, Madras - 9.
3. The Commissioner,
4. The Principal Subordinate Judge, Madurai.
+ 2 ccs TO Mr.S.Manohar , Advocate in SR No. 86082,86081 + 1 cc TO Mr.V.S.Karthi , Advocate in SR No. 86132 dsk AE/SKN RSK/SAR2/28.11.2017/3P/8C ORDER MADE IN CRP(MD)Nos.1438 & 1439 of 2013 (PD) 08.11.2017