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Madras High CourtCRP(MD)/3263/2025disposed of

Vijayakumar v. Etop.T.Mallyiekkal

2025-11-06Honourable Mr Justice K.Kumaresh Babu8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P.(MD).No.17976 of 2025 1.VIJAYAKUMAR

2. ANNALAKSHMI

3. VIJAYALAKSHMI

4. SELVI

5. SASIKALA

6. MARUTHUPANIDAN ... Petitioners Vs.

1. Etop.T.Mallyiekkal S/o.M.T.Thomas Thevara Water Front pandit kaaruppam road Reivera Retreat A72 Cochin, Kerala Through its Power Agent Ramakrishnan.

Now residing at T.N.37922 Dr. Konswille Bingham United States of America.

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2. Superwind Project Pvt. Ltd.

3rd Floor, Saiheera Mundva Road, Pune-411 036, State of Maharastra, through its authorized representative P.N.Ravi, S/o.Late. Natarajan, Door No.34/8, Raghupathi Compound, T.B.Road, Kamarajar Nagar, Valliyoor, Tirunelveli District.

3. M/s.Sub Reality (South) Private Limited 1/3, Leo Building, Salaipurud Road, Opposite to T.V.Tower, Valliyoor-627 117, through it's Authorized Signatory, N.Ayyakutti, S/o.NambiVengadam, North Mada Street, Thirukurunkudi Post, Now residing at D.No.43, Sannathi Street, Kallidaikurichi, Tirunelveli District.

4. Vasantha

5. Nellaiappan

6. The Chief Engineer Non-Conventional lEnergy Department Chennai at 800 Anna Saalai Chennai - 2.

7. The Superintendent Engineer Wind Form Development Maharaja Nagar Palayamkottai Tirunelveli - 11.

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8. The State of Tamil Nadu Represented by the District Collector Tirunelveli District Kokkirakulam Tirunelveli.

... Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Principal Subordinate Judge, Tenkasi to expedite the Appeal proceedings in A.S.No.85 of 2025 and dispose of the Appeal Suit on merits and pass appropriate orders. For Petitioner : Mr.P.M.Vishnu Varthanan For Respondent No.8 : Mr.M.Siddharthan Additional Government Pleader

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Principal Subordinate Judge, Tenkasi to expedite the disposal of the appeal suit in A.S.No.85 of 2025.

2. Heard the submissions of the learned Counsel for the petitioner and perused the materials available on record.

3. Considering the fact that an appeal suit has been filed seeking to set aside the fair and decreetal order passed by the Principal District 3/8

Munsif, Tenkasi in E.A.No.4 of 2023 in E.P.No.56 of 2022 dated 11.07.2025 and in the said E.A.No.4 of 2023, an obstruction petition has been filed, there shall be a direction to the learned Principal Subordinate Judge, Tenkasi, to dispose of the appeal suit in A.S.No.85 of 2025 as expeditiously as possible, but however, not later than twelve weeks from the date of receipt of a copy of this order. Till the disposal of the aforesaid Appeal Suit all further proceedings in E.A.No.4 of 2023 on the file of the Principal District Munsif Court, Tenkasi, shall kept in abeyance.

4. With the above directions, this Civil Revision Petition is disposed of. In view of the limited order passed in this Civil Revision Petition, notice to the respondent Nos.1 to 7 is hereby dispensed with. No costs. Consequently, connected miscellaneous petition is closed. 06.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gvn 4/8

To 1.The Principal Subordinate Judge, Tenkasi.

2. The Principal District Munsif, Tenkasi 3.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.KUMARESH BABU ,J.

gvn 06.11.2025 6/8

C.R.P.(MD)No.3263 of 2025 K.KUMARESH BABU, J.

This case is listed under the caption "For being mentioned" at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submits that E.A. has already been disposed of. Therefore, there is no necessity to keep E.A.No.4 of 2023 in abeyance.

3. In view of the same, the last sentence in Paragraph No.3 of the order dated 06.11.2025 shall stand deleted and the following line shall be substituted as last sentence in Paragraph No.3 of the order dated 06.11.2025.

"Till the disposal of the aforesaid Appeal suit all further proceedings in E.P.No.56 of 2022 on the file of the Principal District Munsif Court, Tenkasi, shall be kept in abeyance."

4. Registry is directed to carry out necessary corrections and issue fresh order copy to the parties.

24.11.2025 Sn 7/8

K.KUMARESH BABU, J .

Sn C.R.P.(MD).No.3263 of 2025 24.11.2025 8/8