Justice S.Rajeswaran v. C.Maharajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 23rd DAY OF AUGUST 2021 THE HON'BLE MR. JUSTICE V.PARTHIBAN C.S. No.246 of 2020 and O.A. No.450 of 2020 Mr. Justice S.Rajeswaran S/o Thiru. U. Subramanian, New No.12, Old No.67, AA Block, 2nd Street, Anna Nagar - 600 040.
...Plaintiff/Applicant Vs.
1.C.Maharajan, Chairman, P.T.Lee Chengalvaraya Naicker Social Service Society, 02/4B, Kamarajar Street, Arulmurugan Nagar, Pozhichalur, Chennai 600 074.
2.G.Munusamy, Treasurer, P.T.Lee Chengalvaraya Naicker Social Service Society, 02/4B, Kamarajar Street, Arulmurugan Nagar, Pozhichalur, Chennai 600 074.
...Defendants/Respondents
C.S.No.246 of 2020:- Civil Suit praying that this Hon'ble Court be pleased to pass judgment and degree in favour of the plaintiff and against the defendants 1 and 2. (a) Directing the defendants 1 and 2 to pay damages to plaintiff jointly and severally a sum of Rs.1,00,01,000/- (Rupees One Crore and One Thousand only) with subsequent interest at 24% per annum from the date of plaint and till the date of payment of realization. (b) For a permanent injunction restraining the defendants 1 and 2 or their men or other agents or anybody claiming under them from making any defamatory statements /remarks/comments against the plaintiff with regard to the administration and management of P.T.Lee Chengalvaraya Naicker Trust, 2-3, EVK Sampath Salai, Veperry, Chennai-7 (c) For costs.
O.A. No. 450 of 2020:- Application praying that this Hon'ble Court be pleased to grant an order of Interim Injunction restraining the respondent/defendants 1 and 2 or their men or other agents or anybody claiming under them from making any defamatory statements/remarks/comments againt the Plaintiff with regard to the administration and management of P.T.Lee Chengalvaraya Naicker Trust, 2-3, EVK Sampath Salai, Veperry, Chennai-7, pending disposal of
the above suit.
This Civil Suit along with the original application coming on this day before this court for hearing in the presence of Mr. K. Rajasekaran, advocates for the plaintiff in C.S. No.246 of 2020 and for the applicant in O.A.No.450 of 2020 and Mr. M. Udhayakumar, advocate for the defendants in C.S. No.246 of 2020 and for the respondents in O.A.No.450 of 2020 and upon reading the plaint and the memo dated 19/08/2021 filed in C.S. No.246 of 2020 and the order dated 03/08/2021 made in O.A.No.450 of 2020 and the learned counsel for the plaintiff having submitted a memo dated 19/08/2021 and seeks permission of this Court to withdraw this suit in terms of the memo dated 19/08/2021 morefully set out in the schedule here under and this court doth recording the same, it is ordered as follows:- That the suit in C.S. No.246 of 2020 be and is hereby dismissed as withdrawn.
2. That a certificate under section 69 of The Tamil Nadu Court Fee and Suits Valuatin Act XIV of 1955 (Amended Act) do issue herein, out of and under the seal of this Court in favour of Hon'ble Mr.Justice S.Rajeswaran, the plaintiff herein authorising him to receive from the pay and Accounts office, High Court, Chennai a sum of Rs.1,04,650/- (Rupees One Lakh Four Thousand Six Hundred Fifty only) being the entire Court
Fee paid on the plaint by the plaintiff herein.
3. That the O.A.No.450 of 2020 do stand closed.
4. That there shall be no costs of this suit. Memo -------- schedule
SR R-15.09.2021 C.S. No.246 of 2020 and O.A. No.450 of 2020
ORDER
DATED: 23.08.2021 THE HON'BLE MR.JUSTICE V.PARTHIBAN FOR APPROVAL: 13.10.2021 APPROVED ON: 18.10.2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2021
CORAM
THE HON'BLE Mr. JUSTICE V.PARTHIBAN C.S.No.246 of 2020 and O.A.No.450 of 2020 Mr.Justice S.Rajeswaran ... Plaintiff Vs.
1.C.Maharajan, Chairman, P.T.Lee Chengalvaraya Naicker Social Service Society, 02/4B, Kamarajar Street, Arulmurugan Nagar, Pozhichalur, Chennai 600 074.
2.G.Munusamy, Treasurer, P.T.Lee Chengalvaraya Naicker Social Service Society, 02/4B, Kamarajar Street, Arulmurugan Nagar, Pozhichalur, Chennai 600 074.
... Defendants Prayer : Plaint filed under Order IV Rule 1 of O.S.Rules and Order VII, Rule 1 of C.P.C., praying for judgment and decree against the defendants as follows: (a) Directing the defendants 1 and 2 to pay damage to plaintiff jointly and severally a sum of Rs.1,00,01,000/- (Rupees One Crore and One Thousand Rupees only) with subsequent interest at 24% per annum from the
date of plaint and till the date of payment of realization. (b) For a permanent injunction restraining the defendants 1 and 2 or their men or other agents or anybody claiming under them from making any defamatory statements /remarks/comments against the plaintiff with regard to the administration and management of P.T.Lee Chengalvaraya Naicker Trust, 2-3, EVK Sampath Salai, Veperry, Chennai-7 and for costs. For Plaintiff :Mr.K.Rajasekaran For Defendants :Mr.M.Udhayakumar
O R D E R
This civil suit has been filed seeking the above prayer.
2. When the matter is taken up for hearing, the learned counsel for the plaintiff submitted a memo dated 19.08.2021 and seeks permission of this Court to withdraw this suit in terms of the memo dated 19.08.2021.
3. The memo submitted by the learned counsel for the plaintiff is taken on record. In view of the said memo, this suit stands dismissed as withdrawn. The contents of the memo shall form a part and parcel of this order. Consequently, connected application is closed. No costs.
4. Registry is directed to refund the Court Fee paid the plaintiff, if it is admissible in terms of the Original Side Rules read with the provisions of
the Tamil Nadu Court Fees and Suit Valuation Act, 1955. Sd./-V.P.N.J., 23.08.2021 // Certified to be true copy// Dated at Madras this day of 2021. Court Officer(O.S.) From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.