High Court · 2025

CRP.No.4680 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 06.10.2025CORAM:THE HONOURABLE MR.JUSTICE M.JOTHIRAMANCRP.No.4680 of 2025Sivakumar ... Petitioner / Petitioner / Plaintiff Versus1. Rajesh ... Respondents / 1st Respondent / 7th Defendant 2. Suresh ... Respondents / 2nd Respondent / 8th Defendant 3. Sudarshan ... Respondents / 3rd Respondent / 9th Defendant4. Selvamarimuthu ... Respondents / 4th Respondent / 1st Defendant5. Ramuthai ... Respondents / 5th Respondent / 6th Defendant6. Palaniappan ... Respondents / 6th Respondent / 2nd Defendant7. Bhagavthy ... Respondents / 7th Respondent / 4th Defendant8. Priya ... Respondents / 8th Respondent / 5th Defendant9. The District Collector, District Collector's office, Tiruppur. ... Respondents / 9th Respondent / 10th Defendant1/8 https://www.mhc.tn.gov.in/judis CRP.No.4680 of 2025 10. The District Revenue Officer, District Revenue Office, Tiruppur. ... Respondents / 10th Respondent / 11th Defendant11. The Revenue Commissioner, Revenue Commissioner's Office, Udumalpet. ... Respondents / 11th Respondent / 12th Defendant12. Panchayat Chairman, Devanurputhur, Udumalpet. ... Respondents / 12th Respondent / 13th Defendant13. The Tahsildar, Tahsildar's Office, Udumalpet.... Respondents / 13th Respondent / 14th Defendant14. The Village Administrative Officer, Village Administrative Office, Devanurputhur, Udumalpet. ... Respondents / 14th Respondent / 15th Defendant Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned District Munsif Court, Udumalpet, to dispose of I.A.No.362 of 2024 in O.S.No.72 of 2024 within a stipulated time frame as that may be fixed by this Court. For Petitioner : Mr.N.UmapathiFor R12 : Mr.J.Daniel, Government AdvocateFor R9 to 11, 13 & 14: Mr.D.Gopal,Government Advocate2/8 https://www.mhc.tn.gov.in/judis CRP.No.4680 of 2025 O R D E R Seeking a direction for the speedy disposal of I.A.No.362 of 2024 in O.S.No.72 of 2024 on the file of the learned District Munsif Court, Udumalpet, the petitioner has preferred the present civil revision petition.2. The learned counsel appearing for the revision petitioner would submit that the revision petitioner / plaintiff filed a suit in O.S.No.72 of 2024 before the learned District Munsif Court, Udumalpet seeking a declaration and consequential relief in respect of the suit property. The defendants filed their written statements, and the respondents / defendants, with an ulterior motive of protracting the litigation, have been filing unnecessary petitions and seeking repeated adjournments without justifiable reasons. Although the Interlocutory Application in I.A.No.362 of 2024 in O.S.No.72of 2024 was filed in 2024, more than a year has been lapsed. The revision petitioner / plaintiff, who is 57 years old, is unable to enjoy the fruits of litigation due to the delaying tactics adopted by the respondents. Therefore, he submits that the speedy disposal of the Interlocutory Application in I.A.No.362 of 2024 in O.S.No.72of 2024 is just and necessary.3/8 https://www.mhc.tn.gov.in/judis CRP.No.4680 of 2025 3.It is pertinent to mention that High Court cannot issue such directions for speedy disposal unless there is a justification (or) acceptable reasons for issuing any such directions. It is relevant to cite the judgment of this Court in S.Baby Vs. S.Sakkubai Ammal reported in 2023 SCC OnLine Mad 674, wherein, it has been held in paragraph nos.11 and 12 as follows:“11. In the event of issuing direction in Civil Revision Petitions for speedy disposal without considering the number of cases pending in a particular Court on Board, it will result in discrimination against many other litigants, who all are waiting for disposal of their respective cases. There are allegations against the Courts that the cases are selectively picked up and disposed of. The plight of the poor and downtrodden are also to be taken into consideration, while disposing of the cases. The Court shall not pave way for such feeling to the litigants. The trust on the Judicial System is the Hallmark and any form of favouritism, nepotism or otherwise even in the matter of hearing of cases selectively will have larger repercussions on the system. No doubt certain cases are to be disposed of urgently, if there is a public interest involved or the litigants are able to establish genuine urgency for early disposal of the cases. Such cases alone are to be given priority.12. The practice of giving preference to any litigation without any justification at all circumstances to be avoided. 4/8 https://www.mhc.tn.gov.in/judis CRP.No.4680 of 2025 Every litigant approaching the Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating the litigants. Therefore issuing directions indiscriminately for speedy disposal of cases would do no service to the cause of justice. Every urgency cannot be considered for issuing a direction for speedy disposal, and the urgency, which is imminent alone to be considered.”4.It is also relevant to cite the judgment of the Hon'ble Supreme Court in Sangram Sadashiv Suryavanshi Vs. The State of Maharashtra reported in 2024 INSC 899, wherein, it has been held as follows:“In paragraph 47.3 of the decision of a Constitution Bench of in the case of ‘High Court Bar Association, Allahabad vs. State of Uttar Pradesh & Ors. reported in (2024) 6 SCC 267, this Court has held that in the ordinary course, the Constitutional Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Paragraph 47.3 reads thus: “47.3. Constitutional courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. Constitutional courts may issue directions for the time-bound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending;” (underline supplied)5/8 https://www.mhc.tn.gov.in/judis CRP.No.4680 of 2025 A direction which can be issued in exceptional circumstances is being routinely issued by High Courts without noticing the law laid down by the Constitution Bench.”5.By applying the ratio laid down in the above judgments, fixing a time-bound schedule for the Court below to dispose of the cases pending therein is not warranted. The Court concerned is expected to regulate its own procedure in respect of the cases on board for effective disposal and to ensure that the cases are disposed of within a reasonable period of time. 6.Considering the nature of the suit and age of the revision petitioner / plaintiff, the learned District Munsif Court, Udumalpet, shall dispose of the Interlocutory application in I.A.No.362 of 2024 in O.S.No.72of 2024 within a period of one month from the date of receipt of a copy of this order. With the above observations, this civil revision petition stands disposed of. No costs. 06.10.20256/8 https://www.mhc.tn.gov.in/judis CRP.No.4680 of 2025 avIndex: Yes/NoSpeaking order : Yes/NoNeutral Case Citation : Yes/NoToThe learned District Munsif Court, Udumalpet.M. JOTHIRAMAN, J.av7/8 https://www.mhc.tn.gov.in/judis CRP.No.4680 of 2025 CRP.No.4680 of 202506.10.20258/8