Madras High Court
Jeyarajan vs P.C.Rajendran on 11 May, 2023
C.R.P.(MD)NO.1271 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.05.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
C.R.P.(MD)No.1271 of 2023
and
C.M.P.(MD)No.6222 of 2023
1.Jeyarajan
2.C.Kumar
3.N.Lakshmanamoorthy
4.A.A.Adaikalam ...Petitioners
Vs.
1.P.C.Rajendran
2.L.Jayaraman
3.M.Sivasubramanian
4.G.Deivendran
5.Aavudaithangam
6.A.Mathan Kumarpandiyan
7.N.Rajamurugan
8.A.Pitchai
1/6
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)NO.1271 of 2023
9.M.A.K.T.Chandra Bose
10.G.Subramanian
11.District Registrar,
District Registrar Office,
Periyakulam Taluk, Theni District.
12.Inspector General of Registration,
Registrar Office,
Chennai. ...Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of
India, praying this Court to pass a direction to the Vacation Judge, Theni Criminal
Side to number and hear the First Appeal and connected applications filed in
Diary Numbers 252 of 2023 (A-19 Register) on 09.05.2023 before the office of
the Principal District Judge, Theni or direct any other competent Court to number
and take up the appeal along with the stay application.
For Petitioner : Mr.H.Lakshmi Shankar
ORDER
This Civil Revision Petition has been filed for a direction to the learned
Judge, who is sitting in vacation at Theni (Criminal Side) to number and hear the
First Appeal and connected applications.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)NO.1271 of 2023
2. Since no adverse order is going to be passed against the respondents,
notice to them is dispensed with.
3. The difficulty that is expressed by the petitioner is that a First Appeal is
preferred against the judgment and decree of the learned Sub Judge, Periyakulam
dated 29.03.2023 passed in O.S.No.16 of 2015. Now, the very same learned
Judge is sitting in the vacation Court at Theni and the first appeal is being posted
before the very same learned Judge. Hence, the learned Judge is not inclined to
take up the case. However, it is brought to notice of this Court that in the same
vacation Court, another learned Judge is sitting, who is taking up criminal work.
The case in first appeal may be posted before the said learned Judge.
4. Considering the difficulty expressed by the learned counsel appearing
for the petitioner, the learned Judge, who is taking up the criminal work at Theni,
is directed to take up the First Appeal mentioned above, process the same in
accordance with law and hear it on 17.05.2023.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)NO.1271 of 2023
5. With the above direction, this Civil Revision Petition is allowed. There
shall be no order as to costs. Consequently, connected Miscellaneous Petition is
closed.
11.05.2023
NCC : Yes / No (2/2)
Index : Yes / No
Sm
Note: Issue order copy on 11.05.2023.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)NO.1271 of 2023
To
1.The Principal District Judge, Theni.
2.The Vacation Judge (Criminal Side), Theni.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)NO.1271 of 2023
S.SRIMATHY, J.
Sm
Order made in
C.R.P.(MD)No. 1271 of 2023
(2/2)
Dated
11.05.2023
https://www.mhc.tn.gov.in/judis
