Madras High CourtAS(MD)/14/2012disposed of

Arulmigu Thandayuthapani Swami v. S. Muthukumar

2020-11-24Honourable Mr Justice M. Govindaraj4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Tuesday, the Twenty Fourth day of November Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice M.GOVINDARAJ & AS(MD) No.57 of 2012 AS(MD) NO.14 OF 2012 ARULMIGU THANDAYUTHAPANI SWAMI THIRUKOVIL THROUGH ITS JOINT COMMISSIONER / EXECUTIVE OFFICER, PALANI ...

Appellant / 2nd Defendant Vs 1 S. MUTHUKUMAR S/O. SUBRAMANIAN, 37/6-C, SHANMUGA COLONY,, RAMAKRISHNA ROAD, SALEM TOWN, SALEM DISTRICT.. 2 S. RAVIKUMAR S/O. SUBRAMANIAN, 37/6-C, SHANMUGA COLONY,, RAMAKRISHNA ROAD, SALEM TOWN, SALEM DISTRICT .. 1st and 2nd Respondents / Plaintiffs 3 M/S. ROPEWAY RESORTS (P) LTD.

THROUGH ITS MANAGING DIRECTOR A.K. CHINDHRA,, NO. 8, MULLAN STREET, KOLKATTA 700 020..

4 M/S.NATIONAL INSURANCE COMPA NY, LIMITED, THROUGH ITS DIVISIONAL MANAGER,, VIGNESWARA BUILDING, NEAR OVER BRIDGE,, PUDUKOTTAI ROAD, TRICHY 620 020 ..

3rd and 4th Respondents / 3rd and 4th Defendants 5 HINDU RELIGIOUS & CHARITABLE ENDOWMENT BOARD, THROUGH ITS COMMISSIONER,, 119, MAHATMA GANDHI ROAD, NUNGAMBAKKAM,, CHENNAI - 600 034 ..

5th Respondents / 1st Defendants 1/4

AS(MD) NO.57 OF 2012 NATIONAL INSURANCE COMPANY LTD BY ITS DIVISIONAL MANAGER VIGNESWARA , BUILDING NEAR OVER BRIDGE 7 PUDUKKOTTAI , ROAD TRICHY-620 020 ..Appellant / 4th Defendant Vs 1 S.MUTHUKUMAR S/O.(LATE)SUBRAMANIAN, D.NO.37/6C, SHANMUGA, COLONY, RAMKRISHNA ROAD, SALEM TOWN..

2 S.RAVIKUMAR S/O.(LATE)SUBRAMANIAN, D.NO.37/6C, SHANMUGA, COLONY, RAMKRISHNA ROAD, SALEM TOWN ...

1st and 2nd Respondent / Plaintiffs 3 THE HINDU RELIGIOUS CHARITABLE ENDOWMENT DEPARTMENT, BY ITS, COMMISSIONER, 119, MAHATMA GANDHI ROAD,, NUNGAMBAKKAM, CHENNAI-600 034 ..

3rd Respondents / 1st Defendants 4 ARULMIGU DHANDAYUTHAPANI SWA MI, THIRUKOIL, BY ITS JOINT, COMMISSIONER/EXECUTIVE OFFICER, PALANI - 624 601 ..

4th Respondents / 2nd Defendants 5 M/S.ROPEWAY RESORTS PVT.LTD., THROUGH ITS MANAGING DIRECTOR MR.A.K., KINDHARA, NO.8,MULLEN ST., KOLKATA - 700 020 .. 5th Respondent / 3rd Defendants Prayer:- These Appeal Suits are filed under Section 96 of the code of the Civil Procedure against the judgment and decree dated 22.09.2011 made by the Additional District Judge, Fast Track Court, Dindigul in O.S. No.108 of 2008.

DECREE:- These Appeal Suits are coming on for hearing on this date, upon perusing the grounds of Appeal, the judgment and decree of the Court of First Instance and the material papers in the Suit and upon hearing the arguments of MR.K.SEKAR, Advocate for the Appellant in A.S.(MD) No.14 of 2012 and fourth respondent in A.S. (MD) No.57 of 2012 and of MR.S.SRINIVASA RAGHAVAN, Advocate for the fourth respondent in A.S.(MD) No.14 of 2012 and Advocate for Appellant in 2/4

A.S.(MD) No.57 of 2012, and M/s.Vijayakumari Natarajan, Advocate for first and second respondent in both the Appeal Suits and Mr.R.Nanadakumar, Advocate for third respondent in A.S.(MD) No.14 of 2012 and Advocate for fifth respondent in A.S.(MD) No.57 of 2012 and of Mr.J.Gunaseelan Muthiah, Additional Government Pleader for fifth respondent in A.S.(MD) No.14 of 2012, and third respondent in A.S.(MD) No.57 that the Insurance Company has already remitted the appropriate amount to the respective suit, this Court while disposing off the Appeal Suits, doth order and decree as follows:-

1) That the Judgement and Decree, dated 22.09.2011 made by the Additional District Judge, Fast Track Court, Dindigul, in O.S. No.108 of 2008, be and is hereby confirmed.

2) That the Insurance company be and hereby is directed to deposit interest at the rate of 9 % p.a. from the date of Suit till 02.07.2012, i.e. The date on which they deposited their share of compensation before trial court, within a period of four weeks from the date of receipt of the Judgment.

3) That three months time is granted to the Temple for depositing the share amount of compensation to be deposited by M/s.Ropeway Resorts Pvt Ltd., along with accrued interest @ 9% p.a. from the date of receipt of a copy of the judgment.

4) That the temple is entitled to recover the amount paid by them from the M/s.Ropeway Resorts Pvt Ltd.,

5) That there be no costs in these Appeals.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) To The Additional District Judge, Fast Track Court, Dindigul Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +2 ccs to M/s.S.Srinivasa Raghavan, Advocate in SR No.22799 & 22798 +1 cc to M/s.Vijayakumari Natarajan, Advocate in SR No.27788 3/4

ORDER DATED : 24/11/2020 ========================== DECREE ========================== & AS(MD) No.57 of 2012 Nature of Decree:- Disposing the Appeal Suits preferred against the judgment and decree of the Additional District Judge, Fast Track Court, Dindigul in O.S. No.108 of 2008 etc., as stated within.

KMK(CO) TR(09.06.2021) 4P 7C 4/4