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The Joint Commissioner/Executive Officer Arulmighu Dhandayuthapani Swamy Thirukkoil, Vs. Petchiyammal and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(NPD)(MD)Nos. 1970 to 1972 of 2016
Judge
AppellantThe Joint Commissioner/Executive Officer Arulmighu Dhandayuthapani Swamy Thirukkoil,
RespondentPetchiyammal and Others
Excerpt:
.....petition filed under article 227 of the constitution of india, praying this court to direct the learned district munsif , palani to number the returned petition dated 1.10.2015 in e.a.sr.no.6292 of 2015 in e.p.no.155 of 2002 in o.s.no.465 of 1986, on its file. prayer in c.r.p(npd)(md)no.1971 of 2016: civil revision petition filed under article 227 of the constitution of india, praying this court to direct the learned district munsif, palani to number the returned petition dated 1.10.2015 in e.a.sr.no.6293 of 2015 in e.p.no.80 of 2002 in o.s.no.449 of 2002, on its file. prayer in c.r.p(npd)(md)no.1972 of 2016: civil revision petition filed under article 227 of the constitution of india, praying this court to direct the learned district munsif, palani to number the returned petition.....
Judgment:

(Prayer: Prayer in C.R.P(NPD)(MD)No.1970 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the learned District Munsif , Palani to number the returned petition dated 1.10.2015 in E.A.SR.No.6292 of 2015 in E.P.No.155 of 2002 in O.S.No.465 of 1986, on its file.

Prayer in C.R.P(NPD)(MD)No.1971 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the learned District Munsif, Palani to number the returned petition dated 1.10.2015 in E.A.SR.No.6293 of 2015 in E.P.No.80 of 2002 in O.S.No.449 of 2002, on its file.

Prayer in C.R.P(NPD)(MD)No.1972 of 2016: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the learned District Munsif, Palani to number the returned petition dated 1.10.2015 in E.A.SR.No.6295 of 2015 in E.P.No.97 of 2008 in O.S.No.370 of 1998, on its file.)

Common Order

1. These Civil Revision Petitions have been filed for a direction to direct the learned District Munsif, Palani to number the returned applications in E.A.SR.No.6292 of 2015 in E.P.No.155 of 2002 in O.S.No.465 of 1986,E.A.SR.No.6293 of 2015 in E.P.No.80 of 2002 in O.S.No.449 of 2002 and E.A.SR.No.6295 of 2015 in E.P.No.97 of 2008 in O.S.No.370 of 1998, dated 01.10.2015.

2. According to the learned counsel for the Petitioner, the Petitioner has filed E.P.No.155 of 2002 in O.S.No.465 of 1986, E.P.No.80 of 2002 in O.S.No.449 of 2002 and E.P.No.97 of 2008 in O.S.No.370 of 1998, before the District Munsif Court, Palani and the aforesaid applications were dismissed on 18.06.2016. Thereafter, the Petitioner has filed the above E.A.SR.No.6292 of 2015 in E.P.No.155 of 2002 in O.S.No.465 of 1986, E.A.SR.No.6293 of 2015 in E.P.No.80 of 2002 in O.S.No.449 of 2002 and E.A.SR.No.6295 of 2015 in E.P.No.97 of 2008 in O.S.No.370 of 1998 before the District Munsif Court, Palani to set aside the order passed in E.P.No.155 of 2002 in O.S.No.465 of 1986, E.P.No.80 of 2002 in O.S.No.449 of 2002 and E.P.No.97 of 2008 in O.S.No.370 of 1998 and to restore the same on file. The present applications were returned saying that how they are maintainable. Against the said returns, the present Civil Revision Petitions have been filed.

3. The learned counsel for the revision Petitioners fairly submitted that this Court may direct the District Munsif Court, Palani to decide about the maintainability of the application filed by the Petitioner in E.A.SR.No.6292 of 2015 in E.P.No.155 of 2002 in O.S.No.465 of 1986,E.A.SR.No.6293 of 2015 in E.P.No.80 of 2002 in O.S.No.449 of 2002 and E.A.SR.No.6295 of 2015 in E.P.No.97 of 2008. However, the learned counsel for the Petitioner relied on Section 109 of the Hindu Religious Charitable and Endowments Act is applicable to facts of the present cases and therefore the applications returned by the District Munsif, Palani is not sustainable in law.

4. However, considering the facts and circumstances of the case and in the interest of justice, this Court directs the District Munsif, Palani to consider the applications filed by the Petitioner in E.A.SR.No.6292 of 2015 in E.P.No.155 of 2002 in O.S.No.465 of 1986,E.A.SR.No.6293 of 2015 in E.P.No.80 of 2002 in O.S.No.449 of 2002 and E.A.SR.No.6295 of 2015 in E.P.No.97 of 2008 on merits and in accordance with law including the maintainability of the above Execution Applications and the Petitioner is directed to represent the same before the Court below within a period of one week from the date of receipt of a copy of this order and on such applications being represented, the trial Court is directed to pass orders on the said applications(EAs') on merits and in accordance with law.

5. With the above directions, the Civil Revision Petitions are disposed of. No costs.


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