Madras High Court
Guru Milaka Das vs Sankarankoil Municipality on 24 November, 2021
S.A.No.1621 of 2002
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
S.A.No.1621 of 2002
1. Guru Milaka Das
2. Arasa Bothi
3. R.M.Ramasamy Chettiyar
4. S.Subramanyan
5. Selvaraj
6. A.S.Abuthahir
7. Sankaran Moopanar
8. M.R.Thomas ... Appellants
(for themselves and on behalf of
representatives of property tax
payers of Sankarankoil Municipality)
-vs-
1. Sankarankoil Municipality
Through its Commissioner
Sankarankoil.
2. Ramalinga Mudaliar
3. Karuppasamy Thevar ... Respondents
(Respondents 2 and 3 are not necessary
parties hence notice to the respondents
2 and 3 are given up)
1/5
https://www.mhc.tn.gov.in/judis
S.A.No.1621 of 2002
PRAYER : Second Appeal filed under Section 100 of C.P.C, against the
judgment and decree dated 20.12.2001 made in A.S.No.35 of 2001, on the
file of the learned Subordinate Judge, Sankarankoil confirming the
judgment and decree dated 30.04.2001, made in O.S.No.331 of 1992 on the
file of the learned Additional District Munsif, Sankarankoil.
For Appellants : Mr.M.P.Senthil
For R1 : Mr.J.Parekhkumar
for Mr.P.Srinivas
JUDGMENT
The Plaintiffs, as the appellants, has filed a suit in O.S.No.331 of
1992 on the file of the learned Additional District Munsif, Sankarankoil, for
declaration with respect to the enhancement of property tax, by the
defendant Municipality, is void abinitio and prayed for permanent
injunction not to collect the said amount. The suit was dismissed. The
plaintiffs filed A.S.No.35 of 2001 before the Sub-Court, Sankarankoil. The
appeal is also dismissed. As against the concurrent appeal, the Second
Appeal has been filed by the appellants.
https://www.mhc.tn.gov.in/judis
S.A.No.1621 of 2002
2. The learned counsel for the appellants/plaintiffs reported that some
of the appellants have passed away and he could not receive any instruction
from the other appellants.
3. The learned counsel for the first respondent/ Municipality informed
that the appellants have accepted the substantial enhancement of property
tax made in the year 1992 and all of them have paid the enhancement of
property tax up to date. Even subsequently, the property tax has been
enhanced and the appellants are continuing to pay the enhancement of
property tax without any objection.
4. In view of the above said facts, nothing survives in the above
Second Appeal. Hence, this Second Appeal is dismissed as infructuous. No
costs.
24.11.2021
Index : Yes / No
Internet : Yes / No
ebsi
https://www.mhc.tn.gov.in/judis
S.A.No.1621 of 2002
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the
order that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
1. The Sub - Court,
Sankarankoil.
2. The Additional District Munsif,
Sankarankoil.
https://www.mhc.tn.gov.in/judis
S.A.No.1621 of 2002
R.VIJAYAKUMAR,J.
ebsi
S.A.No.1621 of 2002
24.11.2021
https://www.mhc.tn.gov.in/judis
