Madras High CourtSA(MD)/275/2009dismissed

Hemakumari, D/O.Sarojini Amma, v. The State Of Tamil Nadu

2019-08-26Honourable Mrs Justice R. Tharani2 pages

SA(MD). No.275 of 2009 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Sixth day of August, Two Thousand and Nineteen PRESENT The Honourable Mrs.Justice R.THARANI SA(MD). No.275 of 2009 HEMAKUMARI ... Appellant/Appellant/Plaintiff Vs

1. THE STATE OF TAMIL NADU, THE DISTRICT COLLECTOR, KANYAKUMARI DISTRICT, NAGERCOIL.

2. THE REVENUE DIVISIONAL OFFICER, PADMANABHAPURAM, THUCKALAY, THUCKALAY VILLAGE, KALKULAM TALUK, KANYAKUMARI DISTRICT.

3. THE TAHSILDAR KALKULAM TALUK, THUCKALAY, THUCKALAY VILLAGE, KANYAKUMARI DISTRICT.

4. THE VILLAGE ADMINISTRATIVE OFFICER, THUMBACODE VILLAGE, KALKULAM TALUK, THUMBACODE PO., VIA KULASEKHARAM, KALKULAM TALUK, KANYAKUMARI DISTRICT.

... Respondents/Respondents/Defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Court of the Subordinate Judge, Padmanabhapuram dated 20.08.2008 made in A.S.No.80 of 2004 confirming the judgment and decree of the Court of the Additional District Munsif, Padmanabhapuram dated 28.04.2004 made in O.S. No.248 of 2001 DECREE:- This Second Appeal coming upon for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the appeal and upon hearing the arguments of MR.V.M.BALAMOHAN THAMBI, Advocate for the Appellant and of MR.J.GUNASEELAN MUTHIAH, ADDITIONAL GOVERNMENT PLEADER, appearing on behalf of the Respondents, this Court doth order and decree as follows:-

(1) That the Judgment and Decree dated 20.08.2008 made in A.S. No.80 of 2004 on the file of the Subordinate Judge, Padmanabhapuram, confirming the judgment and decree dated 28.04.2004 made in O.S. https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD). No.275 of 2009 No.248 of 2001 on the file of the Additional District Munsif, Padmanabhapuram be and hereby is confirmed and this Second Appeal is dismissed;

(2) That the Appellant be and hereby is directed to evict the premises within a period of four months from the date of receipt of copy of this judgment, failing which the Government is at liberty to evict the Appellant by following due process of law; and

(3) That there be no costs in this Second Appeal. SCHEDULE OF PROPERTY * (Annexed in a separate sheet) Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) TO

1. The Subordinate Judge, Padmanabhapuram.

2. The Additional District Munsif, Padmanabhapuram. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to SPL GP ( SR-83347 dated 26/08/2019 ) +1 CC to MR.V.M. BALA MOHEN THAMBI, Advocate ( SR-83740 dated 28/08/2019 ) ORDER DATED : 22/08/2019 ========================== DECREE ========================== SA(MD). No.275 of 2009 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree dated 20.08.2008 made in A.S. No.80/2004 on the file of Sub.Court, Padmanabhapuramc confirming the Judgment and Decree dated 28.04.2004 made in O.S No.248 of 2001 on the file of the District Munsif Court,Padmanabhapuram and giving directions etc. as stated therein.

MK (27.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2