Madras High CourtSA(MD)/330/2009dismissed as abated

Azeez v. The Tamilnadu Government

2024-04-24Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and M.P(MD) No.1 of 2009 Azeez ...Appellant -Vs1.The Tamil Nadu Government, Through its District Collector, Collectorate Complex, Mandapam Road, Ramanathapuram.

2.The Sub Collector, Paramakudi, Sub Collector's Office, Paramakudi, Ramanathapuram District.

3.The Tahsildar, Mudhukulathur, Tahsildar Office, Paramakudi, Ramanathapuram District.

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4.The Executive Officer, Mudukulathur Town Panchayat, Panchayat Office, Mudukulathurt, Ramanathapuram District.

5.R.Udhayachandran Collector, Collector's Office, Erode.

Now presently posted as Managing Director, Tamil Nadu Corporation for Development of Women, No.100, Anna Salai, Guindy, Chennai-600 032.

6.Vellaichamy ... Respondents PRAYER : Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree dated 29.01.2009 passed in A.S.No.13 of 2007 on the file of Additional District and Sessions Judge(Fast Track Court), Ramanathapuram, confirming the judgment and decree dated 16.02.2007 passed in O.S.No.129 of 2001 on the file of Subordinate Court, Paramakudi.

For Appellant : No appearance 2/5

For R1 to R3 : Mr.S.R.A.Ramachandran Additional Government Pleader For R4 : Mr.Arunachalam For R5 : Mr.W.Pamelin For R6 : Mr.S.Viswalingam

JUDGMENT

It is seen from the records that the death of the sole appellant was recorded by this Court by order dated 06.10.2021. Till date, no steps have been taken to bring on record the legal representatives of the deceased sole appellant.

2. Today, when the second appeal is taken up for hearing, there is no representation for the appellant in the forenoon as well as in the afternoon. Hence, this Second Appeal is dismissed as abated. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 23.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No cp 3/5

To 1.The Additional District and Sessions Judge(Fast Track Court), Ramanathapuram.

2.The Subordinate Judge, Paramakudi.

3.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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S.SOUNTHAR , J.

cp 24.04.2024 5/5