Madras High CourtCMP(MD)/2550/2017ordered

Ramasamy Naicker (Died) v. The Tahsildar

2017-03-21Honourable Ms.Justice V.M.Velumani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty First day of March Two Thousand Seventeen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CMP(MD) Nos.2550 to 2552 of 2017 IN CMA(MD) No.716 of 2005 RAMASAMY NAICKER (DIED) 1 PANCHAMMAL 2 MEENAMMAL 3 MUTHUSAMY 4 ALGULAKSHMI 5 R.RAJAMUTHU 6 MUTHULAKSHMI 7 PACKIYALAKSHMI 8 NAGAJOTHI ... PETITIONERS/PROPOSED APPELLANTS IN ALL PETITIONS Vs 1 THE TAHSILDAR THIRUMANGALAM TALUK, TALUK OFFICE BUILDING, THIRUMANGALAM TOWN.

2 THE DISTRICT COLLECTOR COLLECTORATE, MADURAI-20.

3 P.VIRUMANDI 4 R.JOTHI 5 J.MUTHULAKSHMI 6 T.VIRUMANDI 7 LINGAM 8 M.KIDAIYAN 9 M.S.GANESAN 10 R.ALAGAR THEVAR 11 A.JEYARAJ 12 A.KATCHAMMAL 13 C.VIJAYA 14 K.JEYAKUMAR 15 K.JOTHI 16 M.S.MURUGAN 17 K.KANNAN 18 PACKIAM 19 O.KANNAN 20 K.SAKTHIVEL 21 R.JEYARAMAN

22 INDIRANI 23 G.PANDIAMMAL 24 P.ANNAKODI 25 KAANTHAYAMMAL 26 M.S.P.RAJ PILLAI 27 PARASAKTHI 28 K.SELVAM 29 M.PERIYAKARUPPAN 30 MEENA 31 K.PANDIAMMAL 32 BALUCHAMY THEVAR 33 M.CHELLAKANNU 34 KAZHUVAYEE 35 M.RAMALAKSHMI 36 KARUPPIAH CHETTIAR 37 R.ILANGOVAN 38 JEGAN EAGALI 39 PERUMAL 40 SELVI 41 P.ARUMUGAM 42 VIJAYA 43 ALAGAR RAJA 44 MOORTHY 45 P.USHARANI 46 S.ANNA DHANAM 47 M.KANNAN 48 MUTHUKARUPPAN ... RESPONDENTS / RESPONDENTS IN ALL PETITIONS PRAYER IN CMP(MD)2550/17 IN CMA(MD)No.716/05:- Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 653 days in filing petition seeking to set aside abatement caused due to the death of sole appellant in CMA(MD) No.716 of 2005 on the file of this Honourable Court and thus render justice.

PRAYER IN CMP(MD)2551/17 IN CMA(MD)No.716/05:- to set aside the abatement caused due to the death of sole appellant in C.M.A(MD)No.716/05 .

PRAYER IN CMP(MD)2552/17 IN CMA(MD)No.716/05:- to bring on record of the legal representatives of the deceased sole appellant namely petitioners 1 to 8 as appellants 1 to 8 the above said appeal C.M.A(MD)No.716 of 2005.

PRAYER IN CMA(MD)No.716/05:- Second Appeal against the Judgment and decree dated 27.10.2004 passed in A.S.No.100/2001 on the file of III Additional Subordinate Judge's Court, Madurai, reversing the judgment and decree dated 16.08.2000 passed in O.S.No.50/1992 on the file of District Munsif Judge's Court, Thirumangalam.

ORDER : These petitions coming on for orders upon perusing the

petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.S.M.MOHAN GANDHI, Advocate for the petitioner in all the petitions and of Mr.J.JEYAKUMARAN, Advocate for R21(in CMA), Mr.S.RAMESH for Mr.RAGHAVACHARI, Advocate for RR3 to 6, 8 to 13, 15 to 20, 22 to 35 to 39, 42 to 46 & 48, in all the petitions, the court made the following order:- These Miscellaneous Petitions have been filed to condone the delay of 653 days in filing the petition to set aside the abatement caused due to the appellant; to set aside the abatement caused due to his death; and to bring on record his legal representatives. 2 Heard the learned counsel for the petitioners and the learned counsel for the respondents 3 to 6, 8 to 13,15 to 20,21,22 to 35,36 to 39, 42 to 46 and 48.

3. Having been satisfied with the reasons assigned in the affidavit filed in support of the Miscellaneous Petitions and also the submission made by the learned counsel for the petitioner, C.M.P (MD)No.2550 of 2017 is ordered and the delay of 653 days in filing the petition to set aside abatement, is condoned on payment of cost of Rs.1000/-(Rupees One Thousand only) to the Rojavanam Homeless & Aged Cate Centre, Melur Road, Uthangudi, Madurai, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without further reference to this Court. Consequently, C.M.P(MD)No.2551 & 2552 of 2017 are also ordered.

4. Registry is directed to carry out necessary amendments in the cause title and post the C.M.A., for final hearing in the first week of April, 2017.

sd/- 21/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE III ADDITIONAL SUBORDINATE JUDGE, MADURAI.

2 THE DISTRICT MUNSIF, THIRUMANGALAM COPY TO:- THE OFFICE INCHARGER, ROJAVANAM HOMELESS & AGED CARE CENTRE, MELUR ROAD, UTHANGUDI, MADURAI JAM/23.03.17 /BS/SAR 3/ 3P-4C ORDER IN CMP(MD)Nos.2550 to 2552 of 2017 IN CMA(MD) No.716 of 2005 Date :21/03/2017