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S.Chockalingam vs A.Rathinam Chettiar

Madras High Court|13 September, 2017

JUDGMENT / ORDER

Seeking for a direction to the Court below, to dispose of R.C.A.No.51 of 2015, within a time frame to be fixed by this Court, the present civil revision petition has been filed invoking Article 227 of the Constitution of India.
2. The grievance of the petitioners seems to be that the rent control appeal proceedings, in R.C.A.No.51 of 2015, are being adjourned for want of the Lower Court records and as such, the matter is being delayed.
3. On a perusal of the materials placed, it is found that the matter had been adjourned by the Court below for want of the Lower Court records. It is not made clear as to why the Lower Court records have not been summoned immediately on the registration of the rent control appeal.
4. In such view of the matter, I feel constrained to issue a direction to the learned Principal District Judge, Tiruchirappalli, to bestow his attention into this matter and ensure that the Lower Court records are sent immediately to the Principal Sub Court / Rent Control Appellate Authority, Tiruchirappalli, so as to enable the Appellate Authority to dispose of the rent control appeal at the earliest point of time. The learned Principal District Judge, Tiruchirappalli, is directed to report to this Court as regards the above position and the despatch of the Lower Court records to the Principal Sub Court / Rent Control Appellate Authority, Tiruchirappalli, immediately.
5. In the light of the above position, I do not find any reason to give specific direction to the Court below for the disposal of R.C.A.No.51 of 2015 within a particular time frame. However, the Principal Sub Court / Rent Control Appellate Authority, Tiruchirappalli, on the receipt of the Lower Court records, is directed to dispose of the matter in accordance with law.
6. Resultanlty, the civil revision petition is dismissed.
Note to Office : Registry is directed to mark a copy of this order to the Principal District Judge, Tiruchirappalli, for necessary action.
To:
The Principal Subordinate Judge, Rent Control Appellate Authority, Tiruchirappalli..
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Title

S.Chockalingam vs A.Rathinam Chettiar

Court

Madras High Court

JudgmentDate
13 September, 2017