1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.220 of 2011 AND MISCELLANEOUS PETITION No.1 of 2011 Kayalpattinam Secondary Grade Municipality, through its Chairman, Tuticorin. .. Petitioner/Plaintiff Vs. 1.The State of Tamil Nadu rep. through its District Collector, Tuticorin District, Tuticorin. 2.The District Revenue Officer, Tuticorin. 3.The Revenue Divisional officer, Tiruchendur. 4.The Tahsildar, Tiruchendur. 5.Tsunami Tahsildar, Tuticorin Collectorate, Tuticorin. .. Respondents /Defendants Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 31.01.2011 passed in Interlocutory Application No.75 of 2011 in Original Suit No.26 of 2011 by the Sub Court, Tuticorin. For Petitioner : Mr.Veera Kathiravan ORDER This Civil Revision Petition has been directed against the order dated 31.01.2011 passed in Interlocutory Application No.75 of 2011 in Original Suit No.26 of 2011 by the Sub Court, Tuticorin. 2. It is stated in the revision petition that the revision petitioner herein as plaintiff has instituted Original Suit No.26 of 2011 on the file of the Court below for the relief of perpetual injunction, wherein a petition has been filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 in Interlocutory Application No.75 of 2011 and the same has been taken on file on 24.01.2011 and subsequently adjourned to 31.01.2011 and thereafter it has been adjourned to 28.02.2011. Further it is stated in the petition that the respondents are making hectic attempts to put up construction in the prohibited https://hcservices.ecourts.gov.in/hcservices/ 2 coastal area. Under the said circumstances, Interlocutory Application No.75 of 2011 should be disposed of as early as possible and in order to set aside the order dated 31.01.2011, the present Civil Revision Petition has been filed. 3. Considering the nature of the order passed in Interlocutory Application No.75 of 2011 in Original Suit No.26 of 2011 on 31.01.2011, notice need not be sent to the respondents and the present Civil Revision Petition can be disposed of on the basis of the representation made on the side of the revision petitioner. 4. The learned counsel appearing for the revision petitioner has contended that Original Suit No.26 of 2011 has been instituted only for getting the relief of perpetual injunction, wherein the petition in question has been filed under Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 in Interlocutory Application No.75 of 2011 so as to injunct the respondents therein, but the Court below without considering the nature and also urgency of litigation involved in Original Suit No.26 of 2011 has unnecessarily adjourned Interlocutory Application No.75 of 2011 by 28.02.2011 and therefore the order dated 31.01.2011 is liable to be set aside. 5. It is seen from the records that Interlocutory Application No.75 of 2011 has been filed for getting an order of temporary injunction against the respondents therein and from 31.01.2011, it has been adjourned to 28.02.2011 and virtually one month time has been granted by the Court below. Considering the long adjournment given by the Court below, this Court is of the view that the Court below has indirectly allowed the respondents to achieve their object. Under the said circumstances, the order dated 31.01.2011 passed in Interlocutory Application No.75 of 2011 is liable to be set aside. 6. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order dated 31.01.2011 passed in Interlocutory Application No.75 of 2011 in Original Suit No.26 of 2011 by the Sub Court, Tuticorin is set aside and the Sub Court, Tuticorin is directed to take up the petition filed in Interlocutory Application No.75 of 2011 in suo-motu after receipt of copy of this order and give opportunity to the respondents therein for filing counter and dispose of the same before 21.02.2011. The Registry is directed to send a copy of this order forthwith. Consequently, connected Miscellaneous Petition is closed. smn Sd/- Deputy Registrar[LA] /True copy/ To Assistant Registrar The Subordinate Judge, Tuticorin. C.R.P(PD)(MD)No.220 of 2011 and M.P(MD)No.1 of 2011 Dated:04.02.2011 2P/2C RPB 10.02.2011 https://hcservices.ecourts.gov.in/hcservices/