Madras High CourtSA(MD)/965/2011dismissed as infructuous

Shanmugavel v. Kandavel Nattar

2017-11-22Honourable Mr Justice S. Baskaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.BASKARAN, J S.A.(MD)No.965 of 2011 Shanmughavel ... Appellant Vs.

1.Kandavel Nattar

2. Mrs.Annam, w/o.Kangaraj, President of Allur Village Panchayat, Allur Post, Naducauvery Via, Thiruvaiyaru Taluk.

3. The Block Development Officer, Panchayat Union Office, Having his office at Thirukattupalli Road, Thiruvaiyaru Taluk Town and Munsif.

4. The State rep. by the District Collector, Having Office at Court Road, Thanjavur Town & Munsif.

... Respondents Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, against the Judgment and Decree dated 10.06.2011 and passed in A.S.53 2009 by the Additional Sub Court, Thanjavur as confirmed by the Judgment and decree dated 20.11.2009 and passed in O.S.No.61 of 2007 by the District Munsif Court, Thiruvaiyaru.

For Appellant : Mr.G.Prabhu Rajadurai For R1 : Mr.R.Rajaraman For R2 : Mr.P.Ganapathi Subramanian For R3 & R4 : Mr.E.Kumar, Additional Government Pleader.

JUDGMENT

1.The learned counsel for the appellant has made an endorsement indicating that the appellant is withdrawing the Writ Appeal.

2.It is reported that a sum of Rs. 3,60,000/- deposited by the appellant/defendant is pending with the 2nd respondent/Panchayat President of Allur Village Panchayat, Allur Post, Naducauvery https://hcservices.ecourts.gov.in/hcservices/

Via, Thiruvaiyaru Taluk, Thanjavur District.

3.The learned Government Pleader appearing for the 3rd and 4th respondents states that the Special Officer, In-charge of the Panchayat, Thanjavur District has mentioned that the amount is deposited to the credit of Allur Village Panchayat, Thanjavur District and as on date, no amount is available with him to refund it.

4.In view of the said circumstances, as and when required, the appellant/defendant approaches the Allur Village Panchayat, Thanjavur District, and on such approach, the amount will be refunded to the appellant, as per the relevant rules at the earliest.

5.The Second Appeal is dismissed as infructuous. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The Subordinate Judge, Thanjavur.

2. The District Munsif, Thiruvaiyaru.

3. The Block Development Officer, Panchayat Union Office, Having his office at Thirukattupalli Road, Thiruvaiyaru Taluk Town and Munsif.

4. The District Collector, Thanjavur.

+ 1 cc TO Mr.R.Rajaraman , Advocate in SR No. 88833 + 1 cc TO Mr.G.Prabhu Rajadurai , Advocate in SR No. 88898 + 1 cc TO The Special Government Pleader in SR No. 89118 dss AE/SKN RSK/SAR4/22.12.2017/2P/8C S.A.(MD)No.965 of 2011 22.11.2017 https://hcservices.ecourts.gov.in/hcservices/