Madras High CourtCRL OP(MD)/672/2016disposed of

Annalakshmi v. The Superintendent Of Police

2016-01-18Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( CIVIL APPELLATE JURISDICTION ) TUESDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND TWENTY TWO PRESENT THE HON`BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN SA(MD). NO.672 OF 2016 THE MUNICIPAL COMMISSIONER, KULITHALAI, REPRESENTED BY ITS EXECUTIVE AUTHORITY, THE COMMISSIONER.

... Appellant/ Appellant / 3rd Defendant Vs 1 SRINIVASAN (DIED) ... 1st Respondent/ 1st Respondent/ Plaintiff 2 THE KULITHALAI CO-OPERATIVE BUILDINGS SOCIETY LTD., KULITHALAI, REP. BY ITS SECRETARY, KAVERI NAGAR, KULITHALAI. 3 THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETY, (HOUSE CONSTRUCTION WORKS), MANNARPURAM, TRICHY.

4 THE DEPUTY DIRECTOR, TOWN AND COUNTRY PLANNING SCHEME, RAYALROAD, CANTONMENT, TRICHY.

5 THE STATE OF TAMIL NADU, REP. BY ITS DISTRICT COLLECTOR, COLLECTORATE, KARUR.

6 T.MAHAMUNI ... Respondents 2 to 6/ Respondents 2 to 6/ Defendants 1, 2 & 4 to 6 7 GOWRIBAI 8 MANIMEGALAI 9 SIVAKUMAR 10 MANICKAMANIVASAGAM 11 KARPAGAVALLI ... Respondents 7 to 11 / Lrs of the deceased R1 Prayer:- Second Appeal filed under Section 100 of C.P.C., against the judgment and decree of the Sub Court, Kulithalai, dated 01.07.2015 made in Appeal Suit No. 50 of 2010, confirming against the judgment and decree of the court of the Principal District Munsif, Kulithalai made in Original Suit No. 222 of 2021 dated 05.08.2010 1/3

DECREE:- This Second Appeal coming on 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 Suit and upon hearing the arguments of Mr.L.P.MAURYA, Advocate for the Appellant and of Mr.G.SURIYANANTH, Additional Government Pleader, Advocate for the Respondents No.3 to 5, Mr.S.I.MUTHIAH, Advocate for the Respondents No.7 to 11, this Court while disposing of the Second Appeal doth order and decree as follows:-

(1) That the appellant herein / third Defendant and the Respondents 2 to 4 herein / Defendant 1, 2 and 4 be and hereby are directed to pay the sum of Rs.13,23,960/- (Rupees Thirteen Lakhs Twenty Three Thousand Nine Hundred and Sixty Only) on or before 31st May, 2022 to the credit of O.S.No.222 of 2001 on the file of the Principal District Munsif Court, Kulithalai failing which from 1st June, 2022 onwards 12 % interest will be paid by the Municipality;

(2) that the Respondents 7 to 11, who are the legal representatives of the deceased first respondent herein / plaintiff, shall file necessary application before the concerned forum for receiving the compensation amount.

(3) That there be no costs in this Appeal.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ENCL:Xerox Copy of Schedule of Property TO

1. The Sub Judge, Kulithalai.

2. The Principal District Munsif, Kulithalai.

3. THE KULITHALAI CO-OPERATIVE BUILDINGS SOCIETY LTD., KULITHALAI, REP. BY ITS SECRETARY, KAVERI NAGAR, KULITHALAI.

4 THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETY, (HOUSE CONSTRUCTION WORKS), MANNARPURAM, TRICHY.

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5 THE DEPUTY DIRECTOR, TOWN AND COUNTRY PLANNING SCHEME, RAYALROAD, CANTONMENT, TRICHY.

6 The DISTRICT COLLECTOR, COLLECTORATE, KARUR.

Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.L.P.MAURYA, Advocate ( SR-3769 dated 02/02/2022 ) +1 CC to M/s.B.SENTHILNATHAN, Advocate ( SR-3855 dated 03/02/2022 ) +1 CC to M/s.SPL.GP ( SR-3679 dated 02/02/2022 ) ORDER DATED : 01/02/2022 ========================== DECREE ========================== Nature of Decree:- Disposing the Second Appeal preferred against the judgment and decree of the Sub Court, Kulithalai, dated 01.07.2015 made in Appeal Suit No. 50 of 2010, preferred against the judgment and decree of the court of the Principal District Munsif, Kulithalai made in Original Suit No. 222 of 2021 dated 05.08.2010 etc., as stated within.

TP (CO) GC(02.03.2022) 3P 12C 3/3