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S. Chandrasekhar v. M. Krishnamoorthy

Madras HC22 Jan 2025CRP(MD)/102/2025

Case brief

AI extract

What is this about?

C.R.P(MD)No.102 of 2025; Madras High Court, Madurai Bench; K.Govindarajan Thilakavadi, J.; decided 22.01.2025; Article 227 Constitution of India; TNRRRLT Act 2017 Sections 21(2)(a), 23 and 36(6)(a); R.L.T.O.P.No.72 of 2023; Principal Munsif Court / Rent Court, Madurai Town; direction for expeditious, time-bound disposal within 3 months; respondent's repeated adjournments and I.A.Nos.1 and 2 of 2024 to reopen/recall evidence; disposed of, no costs.

What did the court decide?

Direction to the learned Principal Munsif Court / Rent Court, Madurai Town, Madurai to dispose R.L.T.O.P.No.72 of 2023 within three months from the date of receipt of a copy of the order, on merits and in accordance with law; no order as to costs. ¶24

S. Chandrasekhar Vs M. Krishnamoorthy — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Principal Munsif Court / Rent Court, Madurai Town should be directed to dispose R.L.T.O.P.No.72 of 2023 pending on its file within a time bound manner fixed by this Court.

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Court's answer

On consideration of the material facts and circumstances, the Court held that in the interest of justice a direction may be issued to the learned Principal Munsif Court / Rent Court, Madurai Town, Madurai to dispose the case as expeditiously as possible.

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Ratio / Principle

The Civil Revision Petition stands disposed of with a direction to the learned Principal Munsif Court / Rent Court, Madurai Town, Madurai to dispose R.L.T.O.P.No.72 of 2023 pending on his file.

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Key takeaways

The disposal of R.L.T.O.P.No.72 of 2023 was directed to be completed within a period of three (3) months from the date of receipt of a copy of the order, on merits and in accordance with law.ratio¶24

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single Judge (K.Govindarajan Thilakavadi, J.), disposed of a Civil Revision Petition under Article 227 of the Constitution of India filed by S.Chandrasekhar seeking time-bound disposal of R.L.T.O.P.No.72 of 2023, instituted under Sections 21(2)(a) and 23 of the Tamil Nadu Regulation of Rights and Responsibilities and Landlords and Tenants Act, 2017 and pending before the Principal Munsif Court / Rent Court, Madurai Town. Noting the respondent's alleged repeated adjournments through interlocutory applications (I.A.Nos.1 and 2 of 2024) contrary to Section 36(6)(a) of the said Act, the Court directed disposal of the R.L.T.O.P. within three months from receipt of a copy of the order, on merits and in accordance with law, with no order as to costs.

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C.R.P(MD)No.102 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 22.01.2025

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CORAM

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THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

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C.R.P(MD)No.102 of 2025

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S.Chandrasekhar ... Petitioner

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Vs.

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M.Krishnamoorthy ... Respondent

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Principal Munsif Court / Rent Court, Madurai Town at Madurai to dispose the R.L.T.O.P.No.72 of 2023 pending on file in a time bound manner as fixed by this Court and allow the same.

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For Petitioner : Mr.M.Ganesan

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.102 of 2025

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ORDER

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This Civil Revision Petition has been filed seeking a direction to dispose the R.L.T.O.P.No.72 of 2023 pending on the file of the learned Principal Munsif Court / Rent Court, Madurai Town, Madurai within a time stipulated by this Court.

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2. According to the revision petitioner, the revision petitioner filed R.L.T.O.P.No.72 of 2023 against the respondent under Section 21 (2) (a) and 23 of Tamil Nadu Regulation of Rights and Responsibilities and Landlords and Tenants Act, 2017 [Hereinafter called as 'TNRRRLT Act']. In spite the respondent has filed a new application in I.A.Nos.1 and 2 of 2024 to reopen and recall the petitioner's side evidence and the matter was posted on 21.01.2025 with the malicious intention to protract the proceedings, which is unsustainable in law. The respondent is seeking repeated adjournment by filing one or other petition and acting against the statutory provision as enumerated under Section 36 (6) (a) of TNRRRLT Act. The petitioner made several representations before the learned Principal District Munsif Court for speedy disposal, since the respondent is occupying illegally without paying any rent and its arrears. Having left with no other option, the petitioner is before this Court.

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.102 of 2025

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3. Heard the learned counsel appearing for petitioner. Since the

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revision is filed for seeking early disposal, no notice is necessary to the respondent.

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4. Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Principal Munsif Court / Rent Court, Madurai Town, Madurai, to dispose the case as expeditiously as possible.

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5. Accordingly, this Civil Revision Petition stands disposed of with a direction to the learned Principal Munsif Court / Rent Court, Madurai Town, Madurai to dispose the R.L.T.O.P.No.72 of 2023 pending on his file, within a period of three (3) months from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs.

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22.01.2025

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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https://www.mhc.tn.gov.in/judis

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C.R.P(MD)No.102 of 2025

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