Hazarath Shams Mansoor Peer v. Manickam Chettiyar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE C.KUMARAPPAN W.A(MD)No.540 of 2012 and M.P(MD)No.1 of 2012 Hazarath Shama Mansoor Peer Avulia Dharega, represented by its Secretary to Board of Trustees, M.Mubarak Ali Khan ... Petitioner/Appellant .Vs.

1.Manickam Chettiar, 2.S.V.Sevugan Chettiyar 3.S.V.Meyyappan 4.R.M.Sevugan 5.R.M.Meyyappan 6.R.M.Viswanathan 7.S.V.Chinna Sevugan 1/5

8.O.RM.M.SP.SV.P.Sampanthan Chettiyar 9.O.RM.M.SP.SV.P.Thaneermalai Chettiyar 10.AN.Laxmanan Chettiyar 11.S.V.Chinna Sevugan 12.T.Annamalai 13.T.Seethalaxmi Achi 14.M.S.Govindarajan 15.A.Gowri 16.A.Ramhankar 17.A.Prasana 18.The Joint Sub-Registrar-I, Thanjavur.

19.The District Registrar(Admin), Thanjavur.

20.The Government of Tamil Nadu, represented by the Inspector General of Registration, Santhome High Road, Maylapore,Chennai-4.

... Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this Court to set aside the order passedby this Court made in W.P.No.5395 of 2012, dated 20.04.2012.

2/5

For Appellant : No appearance For Respondent-9 : Refused For Respondent-14 : No appearance For Respondents :Mr.S.Rajasekar 15 to 17 Addl.Govt.Pleader For Respondents :Mr.S.Shanmugavel 18 to 20 Addl.Govt.Pleader

JUDGMENT

DR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

The Writ Petition was dismissed by the learned Single Judge on the ground that the parties have to resort to Competent Civil Court to ascertain the title. Aggrieved by the same, the present Writ Appeal has been filed. 2.When the matter was taken up for hearing on 05.02.2024, there was no representation for the appellant and hence, the matter is directed to be listed under the caption ''for dismissal'' today. Even today also, there is no representation on behalf of the appellant. Hence, this Court has no other option except to dismiss 3/5

the Writ Appeal for non-prosecution.

3.Accordingly, the Writ Appeal is dismissed for non-prosecution. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed. [G.J.,J.] [C.K.,J.] 06.02.2024 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Joint Sub-Registrar-I, Thanjavur.

2.The District Registrar(Admin), Thanjavur.

3.The Inspector General of Registration, Government of Tamil Nadu, Santhome High Road, Maylapore,Chennai-4.

4/5

DR.G.JAYACHANDRAN, J.

and C.KUMARAPPAN,J.

vsn JUDGMENT MADE IN W.A(MD)No.540 of 2012 and M.P(MD)No.1 of 2012 06.02.2024 5/5