Esakkilakshmi v. Tamil Nadu State Transport

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of August Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Dr.Justice S.VIMALA CMP(MD) No.7285 of 2016 IN CMA(MD) No.58 of 2009 1 ESAKKILAKSHMI 2 NANDHAKUMAR 3 MINOR HEMALATHA 4 PANDILAKSHMI (MINOR PETITIONERS 2 & 3 THRO THEIR GRANDMOTHER & NEXT GUARDIAN THE 1ST PETITIONER HEREIN) ... PETITIONERS/RESPONDENTS Vs TAMIL NADU STATE TRANSPORT CORPORATION, REP BY ITS MANAGING DIRECTOR, NAGERCOIL. ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to declare the 2nd petitioner herein as major and discharge the guarding ship of the mother in CMA.(MD).No.58/2009 and thus render justice.

Prayer in CMA(MD). 58/ 2009 :

To set aside the Judgment and Decree passed by the learned Motor Accident Claims Tribunal, II Additional District Judge, Tirunelveli in MCOP.372/2007 dated 06.11.2007 and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S. T.SELVAKUMARAN, Advocate for the petitioner and of MR.ROYCE IMMANUVEL, Advocate for the Respondent the court made the following order:- (Order of the Court was made by S.VIMALA,J) Heard the learned Counsel for the petitioners and the learned Standing Counsel appearing on behalf of the respondent. https://hcservices.ecourts.gov.in/hcservices/

2. It is a petition seeking to declare the second petitioner

herein as major and consequently discharge his mother from the guardianship.

3. From the Xerox Copy of the Mark Statement issued by the MDT Hindu College HSS, Tirunelveli, it is evident that the date of birth of the second petitioner is 12.05.1998 and as such, the second petitioner attained majority, on 12.05.2016.

4. As the second petitioner attained majority, he is declared as major and consequently, the mother is discharged from the guardianship.

5. The Miscellaneous Petition is ordered accordingly. sd/- 12/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE MOTOR ACCIDENT CLAIMS TRIBUNAL II ADDITIONAL DISTRICT JUDGE, TIRUNELVELI.

GJM/SKS/RR/SAR-III-2.9.16-2P-2C

ORDER

IN CMP(MD) No.7285 of 2016 IN CMA(MD) No.58 of 2009 Date :12/08/2016 https://hcservices.ecourts.gov.in/hcservices/