The High Court directed the Subordinate Judge, Kovilpatti, to expedite the disposal of O.S.No.112 of 2020, filed regarding alleged encroachment on Government property, by the end of 2023.
Directing the Subordinate Judge, Kovilpatti, to dispose of O.S.No.112 of 2020 on or before 31.12.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD).No.159 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P.(MD).No.159 of 2023
P.Marimuthupandian
....Petitioner
Vs
1.Mariappan
4.The Tahsildar Kayathar Taluk Thoothukudi District
5.The Block Development Officer Office of the Block Development Office Kayathar Thoothukudi District
6.P.Balamurugan
...Respondents
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C.R.P.(MD).No.159 of 2023
PRAYER:
PRAYER: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to direct the Subordinate Court, Kovilpatti, Thoothukudi District to expedite the proceedings in O.S.No.112 of 2020 and to dispose of the same within a time stipulated by this Court in the nature and circumstances of the case by allowing this civil revision petition.
For Petitioner : Mr.S.Saravanan For R1 & R2 : Mr.I.Suthakaran For R3 & R5 : Mr.C.Baskaran Government Advocate For R6 : No appearance
O R D E R
The present civil revision petition has been filed by the 4th defendant in a suit for expeditious disposal of O.S.No.112 of 2020.
2.According to the learned counsel for the petitioner, the plaintiffs
have encroached upon the Government property and they are obstructing the respondents from using the same as a pathway. He had further contended the Division Bench of our High Court in W.P.(MD).No.7942 of 2/5
C.R.P.(MD).No.159 of 2023
2020 by its order dated 14.08.2020 has allowed the writ petition filed by him and has directed the authorities to remove the encroachment. The learned counsel further contends that pursuant to the said order, the encroachments have been removed. The plaintiffs are preventing the 4th defendant and others from using the said property as pathway citing pendency of the present civil suit. Hence, he prayed for expeditious disposal of the suit.
4.With the above observations, this Civil Revision Petition is
allowed. No costs.
13.02.2023
Index : Yes/No Internet : Yes/No NCC : Yes/No msa
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C.R.P.(MD).No.159 of 2023
To
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C.R.P.(MD).No.159 of 2023
R.VIJAYAKUMAR, J
msa
C.R.P.(MD).No.159 of 2023
13.02.2023
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1 issue framed by the court
Whether the Subordinate Court should be directed to expedite the disposal of O.S.No.112 of 2020 which is in pendency regarding alleged encroachment on Government property.
1 provisions across 1 enactments
P. Marimuthupandian
Mariappan
Arumugam
The District Collector Thoothukudi
The Tahsildar Kayathar
The Block Development Officer Kayathar
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
