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Madras High CourtCRP/2192/2025disposed of

The Commissioner v. Vilochana Balasubramaniam

2025-08-25Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN The Commissioner, Corporation of Madras, Rippon Buildings, Madras - 600 003.

...Petitioner

Vs.

1. Vilochana Balasubramaniam

2. B.Krishnamurthy

3. B.Ganesh

4. B.K.Sundar

5. The Secretary to Government Department of Administration, Government of Tamilnadu, Fort St.George, Madras - 600 009.

6. The Secretary to Government, Department of Health & Family Welfare, Government of Tamilnadu, Fort St.George, Madras - 600 009.

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7. The Dean, General Hospital, EVR Salai, Madras - 600 003.

8. The Board of Trustee, Vijaya Hospital, Kodambakkam, Madras - 600 026.

..Respondents Prayer : This Civil Revision Petition filed under Section 115 of Civil Procedure Code, praying to set aside the order dated 27.03.2025 passed in E.A.No.3 of 2024 in E.P.No.1463 of 2009 on the file of IX Assistant City Civil Court, Chennai.

For Petitioner : Mr.R.Ramanlal, AAG, Assisted by Mr.A.Arunbabu For Respondents : Mr.R.Ganesan for R1, R2 and R4 Mrs.R.Anitha, Spl. Govt. Pleader for R5, R6 and R7 Not ready in Notice - R3 and R8 ******

ORDER

The petitioner, who is the second judgment debtor in O.S.No.3126 of 1996, has filed E.A.No.3 of 2024 in E.P.No.1463 of 2009 questioning the 2/5

liability. The Execution Court, after hearing both the parties, by an order dated 27.03.2025 dismissed the petition filed by the petitioner/2nd judgment debtor, challenging the same the petitioner is before this Court. Today, when the matter is taken up for hearing, the learned Additional Advocate General for the petitioner/Chennai Corporation submitted that pending this Civil Revision Petition, entire execution petition claim has been deposited to the credit of execution petition. He also produced a copy of the Demand Draft for a sum of Rs.7,19,498/- and on seeing the same, the learned counsel for the decree holders also accepted the compliance.

The decree holders are hereby permitted to withdraw the amount deposited by the petitioner/2nd judgment debtor before the Execution Court. Further the petitioner/2nd judgment debtor is at liberty to recover the amount due, if any, from the other judgment debtors, in terms of the order passed by the Execution Court.

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With the above directions and in view of the memo of compliance filed by the learned counsel for the petitioner/Chennai Corporation, this Civil Revision Petition stands disposed of. Consequently connected miscellaneous petition is closed.

25.08.2025 Speaking Order/Non Speaking Neutral Case Citation : Yes/No cgi To

1. The Secretary to Government, Department of Administration, Government of Tamilnadu, Fort St.George, Madras - 600 009.

2. The Secretary to Government, Department of Health & Family Welfare, Government of Tamilnadu, Fort St.George, Madras - 600 009.

3. The Dean, General Hospital, EVR Salai, Madras - 600 003. 4/5

P.VELMURUGAN, J.

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