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HC Frowns Upon Lower Court Order

Published: 30th December 2014 06:01 AM  |   Last Updated: 30th December 2014 06:01 AM   |  A+A-

CHENNAI: The Madurai Bench of Madras High Court has frowned upon the judge of a Subordinate Court in Palani for ordering status-quo with regard to eviction of three shops belonging to Sri Dhandayuthapani Swamy temple in the pilgrim town.

When the prima facie case of the plaintiff (temple, by its Executive Officer) itself discloses that the action taken is legal with no scope to show violation of legal process, the court ought not to have granted an order of status-quo, Justice S Vimala said.

The Judge was disposing of a petition seeking to transfer a civil suit filed by the three persons to the Principal Subordinate Court in Dindigul, on December 17.

Originally, the HR&CE Department issued a notice to G Ragavan to return the shops allotted to them at the foothill as the lease had ended on June 30, 2012. The trio approached the Subordinate Court in Palani, which ordered the status-quo. Aggrieved, the Department moved the HC for a direction to the lower court to dispose of its petition. The HC directed the lower court to dispose of the same within eight weeks. As there was no progress, the Department moved the HC again.

Passing orders, Justice Vimala observed that this Court, taking note of the fact that the intention of the Department was not to use illegal methods, had given a direction to the lower court to dispose of the suit. The court below has chosen to adjourn the matter without any necessity. Therefore, it is not necessary to order transfer, the Judge said and dismissed the suit.

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