Sivalakshmi vs The Commissioner
2022 Latest Caselaw 18148 Mad

                                                                                CRP(MD)No.2452 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 13.12.2022

                                                     CORAM

                                   THE HON'BLE Mr. JUSTICE B.PUGALENDHI

                                           C.R.P(MD)No.2452 of 2022
                                         and C.M.P(MD)No.11994 of 2022
                     Chellammal (Died)

                     Parameswaran Pillai
                     Rep. By his Power of Attorney Holder
                     P.Sivathanupillai (died)

                     Parvathy (died)

                     Sivalakshmi                              .... Petitioner/Petitioner/Plaintiff

                                                        Vs.

                     1.The Commissioner,
                     HR & CE (Admn), Department,
                     Madras

                     2.The Executive Officer,
                     Arulmighu Balasubramonia Swamy Kovil,
                     Padmanabhapuram            ... Respondents/Respondents/Defendants

                     Prayer:- Civil Revision Petition is filed under Article 227 of Constitution
                     of India to number the unnumbered I.A.S.R.No.647 of 2022 in O.S.No.118
                     of 1990 on the file of the Subordinate Judge, Padmanabhapuram, dated


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https://www.mhc.tn.gov.in/judis
                                                                                CRP(MD)No.2452 of 2022

                     29.11.2022.
                                   For Petitioner     :        Mr.C.Sankar Prakash

                                                           ******
                                                          ORDER

This revision petition is filed by one Sivalakshmi w/o Kolappa

Pillai claiming to be the legal heir of the daughter of the second plaintiff by

name Parameswaran Pillai. One Chellammal and Parameshwaran Pillai have

filed the above suit in O.S.No.118 of 1990 before the Subordinate Court,

Padmanabhapuram.

2. The suit was dismissed by the trial court by its judgment and

decree and the appeals preferred by the plaintiff in A.S.No.138 of 1996 and

the Second Appeal in S.A(MD)No.1251 of 2003 before this Court were also

dismissed. However, this Court while dismissing the Second Appeal has

found that the District Munsif Court, Padmanabhapuram lacks jurisdiction

to entertain the suit and set aside the judgment and decree made in O.S.NO.

304 of 1996 and A.S.No.138 of 1996 and remitted back the matter to the

Subordinate Court, Padmanabhapuram with a direction to complete the trial

on or before 30.09.2022.

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https://www.mhc.tn.gov.in/judis CRP(MD)No.2452 of 2022

3. It is now reported that both the plaintiff, Chellammal and

Parameshwaran Pillai are no more and the suit is contested through the

petitioner, by name Sivalakshmi who is claiming to be the legal heir of

Parameswaran. She filed the above Interlocutory Application in I.A.No.

S.R.NO.647 of 2022 in O.S.No.118 of 1990 for referring the matter to

mediation. Considering the order passed by this Court in S.A(MD)No.1251

of 2003 dated 24.01.2022, the court refused to entertain the Interlocutory

Application filed by this petitioner for mediation. Aggrieved over the same

the present revision petition is filed.

4. Though this Court is not inclined to entertain the revision

petition, it is represented before this Court that the petitioner filed the above

Interlocutory Application only on the suggestion made by the

respondents/defendants. Considering the said representation of the

petitioner, this Court was inclined to order notice and also permitted the

petitioner to serve notice on the respondents by order dated 06.12.2022.

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https://www.mhc.tn.gov.in/judis CRP(MD)No.2452 of 2022

5. The learned counsel for the petitioner submits that notice has

not been served on the respondent. The fact remains that this Court has

already issued with a direction to complete the trial on or before 30.09.2022

and we are in December 2022. However, this revision petitioner has been

entertained on the representation made by the learned counsel for the

petitioner that he has filed the above petition for mediation only at the

instance of the respondent. Therefore, this Court dismisses this Civil

Revision Petition with a cost of Rs.5000/- (Rupees five thousand only),

which has to be paid to MBHAA the Association in which the petitioner's

counsel is affiliated. The trial court is also directed to conclude the trial on

or before 10.01.2023. No costs. Consequently, connected miscellaneous

petition is closed.

13.12.2022 Index : Yes/No Internet : Yes/No CM

Note: Issue order copy on 26.12.2022

To, The Subordinate Judge, Padmanabhapuram

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https://www.mhc.tn.gov.in/judis CRP(MD)No.2452 of 2022

B.PUGALENDHI, J.

CM

C.R.P(MD)No.2452 of 2022 and C.M.P(MD)No.11994 of 2022

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https://www.mhc.tn.gov.in/judis CRP(MD)No.2452 of 2022

13. 12.2022

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