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2025 DAILYLAW 40664 (MAD)

THE EXECUTIVE OFFICER v. Santhi

CRP/1198/2023 · 2025-09-03

P B Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP No. 1198 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-09-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P No. 1198 of 2023 1. The Executive Officer Town Panchayat, Ariyalur. ... Petitioner Vs 1. Santhi D/o. Mon @ Gunasekaran, No. 3/777, New Market Street, Ariyalur Taluk, Ariyalur District. 2.The Sub Collector Sub Collector Office, Ariyalur. ... Respondents PRAYER: The Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 05.08.2021 passed in I.A.No.59 of 2018 in O.S.No.211 of 2012 by the Principal District Munsif, Ariyalur, and to condone the delay of 255 days in filing the set aside petition. For Petitioner(s) : For Respondent(s): Mr.Lourdu Paul Maurya Mr.S.Frangkelin for M/s. Sarvabhauman Associates for R1 Mr.N.Muthuvel Government Advocate (C.S) for R2 https://www.mhc.tn.gov.in/judis CRP No. 1198 of 2023 ORDER The present Civil Revision Petition has been filed to to set aside the order dated 05.08.2021 in I.A.No.59 of 2018 in O.S.No.211 of 2012 and to condone the delay of 255 days in filing the set aside petition. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 3. The Revision Petition has been filed by the Executive Officer challenging the order passed in I.A.No.59 of 2018, in and by which, the application for condonation of delay of 255 days was dismissed by the Trial Court. On going through the affidavit filed in support of the application for condonation of delay and also the order passed by the Trial Court, I had directed the learned counsel for the petitioner to ascertain whether the petitioner is willing to pay exemplary costs of Rs.25,000/- in order to afford him an opportunity to contest the suit on merits. 4. The learned counsel for the petitioner states that the petitioner is willing to comply with the order imposing costs. https://www.mhc.tn.gov.in/judis CRP No. 1198 of 2023 5. Though the revision is objected to by the learned counsel for the respondents, considering the relief sought for in the suit and the nature of the defence, I am inclined to give an opportunity to the petitioner to contest the suit on merits, so that the parties can establish their respective claims and contentions in the trial and thereafter, be entitled to suitable orders and decrees in their respective favour. 6. In the light of the above, this Civil Revision Petition is allowed, on condition that the petitioner pays exemplary costs of Rs.25,000/- to the first respondent / plaintiff within a period of four (4) weeks from the date of receipt of a copy of this order. Subject to compliance with the said condition, the ex parte decree shall stand set aside and appropriate directions shall be issued for early disposal of the suit on merits and in accordance with law. 7. Post this matter on 06.10.2025 “for reporting compliance”. 03-09-2025 ASI To 1. The Principal District Munsif, Ariyalur. 2. Santhi D/o. Mon @ Gunasekaran, No. 3/777, New Market Street, Ariyalur Taluk, Ariyalur District. 3.The Sub Collector, Sub Collector Office, Ariyalur. https://www.mhc.tn.gov.in/judis CRP No. 1198 of 2023 P.B.BALAJI, J. ASI C.R.P No. 1198 of 2023 03-09-2025 https://www.mhc.tn.gov.in/judis