1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2011 CORAM: THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN C.R.P.(PD)(MD)No.457 of 2011 V.Swaminathan ..Revision Petitioner/Petitioner/Plaintiff -vs- R.Jayaraman ..Respondent/Respondent/Defendant PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the District Munsif of Thanjavur District to dispose the pending I.A.No.941 of 2010 in O.S.No.475 of 2009 pending on the file of the same Court by considering the urgency and requirement of water facilities, which is a basic amenities within a period stipulated by this Court. For Petitioner : Mr.R.Sureshkumar For Respondent : No appearance O R D E R The plaintiff is before this Court seeking early disposal of the application to restore the water facility to the petitioner's purpose from the bore-wells. 2.Though notice was sent, it was returned with an endorsement that the respondent “left India”. Therefore, this Court ordered notice to the lower Court counsel, who received the notice and sent a communication to the counsel for the petitioner requesting typed set of papers. The counsel for petitioner represents that typed set was also served upon him. The lower Court counsel name is also printed in the list. However, no one appeared on his behalf. Hence, this Court is disposing of the Civil Revision Petition merits. 3.The petitioner filed a suit in O.S.No.475 of 2009 against the respondent seeking permanent injunction that he should be evicted except by due process of law. He contended that he took the suit property on lease for running hostel for the Para-Medical students. As the respondent tried to dispossess the petitioner, suit was filed. During pendency of the suit, the respondent tried to illegally evict the petitioner. The respondent illegally removed the thatched shed, damaged well and articles and removed the bore-wells which provided water to the tenanted of 6 houses. Therefore, the petitioner filed I.A.No.941 of 2010 in the month of October 2010 seeking a direction to the respondent/defendant to provide water facility by restoring the bore- wells. As the said application is not disposed the petitioner is before this Court. 4.The learned counsel for the petitioner submits that though the petition was filed in October 2010, it is being adjourned time and again. It is contended that the suit property is being used for using the Para- Medical students and water facility, is allegedly from the bore-wells, which was removed by the respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Considering the aforesaid averment and also considering the fact that the application was filed in the month of October 2010, this Court directs the trial Court to dispose of the said I.A.No.941 of 2010 on or before 29.07.2011. With the above direction, the Civil Revision Petition is disposed of. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To The District Munsif, Thanjavur District. +1CC TO MR.R.SURESH KUMAR, ADVOCATE SR.20921 Skn SR : 07.07.2011 : 2p/3c C.R.P.(PD)(MD)No.457 of 2011 29.06.2011 https://hcservices.ecourts.gov.in/hcservices/