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Madras High CourtCRP(MD)/1942/2016allowed

Pottalpudur Panchayat Union v. Thillai Chidambaram Chettiar

2018-08-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirty First day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRP(MD) Nos.1942,1943 and 1944 of 2016 and CMP(MD)NOs.9188 and 9189 of 2016 1 POTTALPUDUR PANCHAYAT UNION THROUGH ITS PRESIDENT.

2 KADAYAM PANCHAYAT UNION THROUGH ITS COMMISSIONER.

PETITIONERS/RESPONDENTS/DEFENDANTS 1 & 2 IN ALL PETITIONS Vs THILLAI CHIDAMBARAM CHETTIAR ... RESPONDENT/PETITIONER/PLAINTIFF IN ALL PETITIONS Prayer in CRP(MD)No.1942/2016:- Civil Revision Petition filed under Article 227 of Constitution of India, praying that in the circumstances stated therein and in the affidavits filed therewith the High Court will be pleased to set aside fair and Decreetal order dated 16.10.2012 passed in I.A.No.640 of 2007 in O.S.No.19 of 2007 on the file of learned Principal District Munsif Ambasamudram. Prayer in CRP(MD)No.1943/2016:- Civil Revision Petition filed under Article 227 of Constitution of India, praying that in the circumstances stated therein and in the affidavits filed therewith the High Court will be pleased to set aside fair and Decreetal order dated 31.08.2016 passed in E.P.No.54 of 2013 in O.S.

No.19 of 2007 on the file of learned Principal District Munsif Ambasamudram. Prayer in CRP(MD)No.1944/2016:- Civil Revision Petition filed under Article 227 of Constitution of India, praying that in the circumstances stated therein and in the affidavits filed therewith the High Court will be pleased to set aside fair and Decreetal order dated 31.08.2016 passed in I.A.No.573 of 2014 in O.S.No.19 of 2007 on the file of learned Principal District Munsif Ambasamudram. https://hcservices.ecourts.gov.in/hcservices/ Prayer in CMP(MD)No.9188/2016 in CPR(MD)No.

in E.P.No.54 of 2013 in O.S.No.19 of 2007 on the file of learned Principal District Munsif, Ambasamudram dated 31.08.2016. Prayer in CMP(MD)No.9189/2016 in CPR(MD)No.1944/2016:- To Stay the operation of order passed in I.A.No.573 of 2014 in O.S.No.19 of 2007 on the file of learned Principal District Munsif, Ambasamudram dated 31.08.2016.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. VR.SHANMUGANATHAN, Advocate for the petitioner in all petitions and of Mr.S.MUTHUMALAIRAJA,Advocate for the Respondents in all petitions the court made the following order:- The matter is posted for reporting compliance. The Panchayat has fairly entered into a fresh lease agreement with the plaintiff. The counsel for the plaintiff submits that he wants his son to occupy the premises. Since the plaintiff has began a business which will be managed by his son, the same may not be misconstrued as if the plaintiff is not in occupation of the premises. 2.I am of the view that the Panchayat will not take any unreasonable stand in such matters. No further orders are necessary.

sd/- 31/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE PRINCIPAL DISTRICT MUNSIF, AMBASAMUDRAM.

+1. C.C. to Mr. S.MUTHUMALAI RAJA Advocate SR.No.93933 PS/VR-MMS/SAR-2/13/12/2018/2P/3C

ORDER

IN CRP(MD) Nos.1942,1943 and 1944 of 2016 AND CMP(MD)NOs.9188 and 9189 of 2016 Date :31/10/2018 https://hcservices.ecourts.gov.in/hcservices/