Alex Mary vs Commissioner
2021 Latest Caselaw 20962 Mad

                                                                                   S.A.(MD)No.744 of 2006


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 20.10.2021

                                                          CORAM

                             THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                                   S.A.(MD)No.744 of 2006
                                                            and
                                                    M.P.(MD)No.1 of 2006

                Alex Mary                                             ... Appellant


                                                            Vs.

                Commissioner,
                Thanjavur Municipality,
                Office of Thanjavur Municipality,
                Gandhiji Road,
                Thanjavur.                                               ... Respondent


                Prayer : Second Appeal filed under Section 100 of Civil Procedure Code,

                against the judgment and decree in A.S.No.21 of 2005 on the file of the learned

                Principal Subordinate Judge, Thanjavur, dated 26.04.2006 confirming the

                judgment and decree in O.S.No.374 of 1999 on the file of the learned District

                Munsif, Thanjavur, dated 11.01.2005.


                                   For Appellant      : Mr.V.Chandrasekar

                                   For Respondent : Mr.N.Dilipkumar


https://www.mhc.tn.gov.in/judis/
                1/4
                                                                                S.A.(MD)No.744 of 2006


                                                   JUDGEMENT

The plaintiff in O.S.No.374 of 1999 on the file of the Court of the

District Munsif, Thanjavur, is the appellant in this second appeal. The suit was

for mandatory injunction directing the defendant/Municipality to renew the

plaintiff's lease for a further period of three years in terms of G.O.(Ms) No.285

dated 29.04.1985. The suit was dismissed. A.S.No.21 of 2005 filed by the

plaintiff before the Principal Sub Court, Thanjavur was also dismissed. Though

this second appeal was admitted after formulating substantial questions of law,

the learned counsel for the appellant submitted that he would not argue the

matter on merits but rather pray for time to vacate. The learned standing

counsel for the Municipality however opposed the said request.

2.The plaintiff was given possession of the suit shop after she was the

successful bidder in a public auction. Though the plaintiff lost before the

Courts below, interim order was granted in her favour in the second appeal.

The plaintiff had also paid the license fee for the period upto 2023. The

plaintiff's counsel had also saved valuable judicial time by not arguing the

matter on merits. Hence, in the interest of justice some indulgence can be

shown to the plaintiff. It is stated that the suit shop has been locked. The

respondent is directed to remove the same so that the plaintiff can occupy the

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.744 of 2006

same and resume business. The plaintiff undertakes to handover possession to

the municipality positively on 17.01.2022. Recording the said undertaking, I

direct the plaintiff/appellant to vacate and handover possession of the suit

property to the respondent on 17.01.2022. Under no circumstance, request for

extension of time will be entertained. The Registry shall not accept any

application that may be filed in this regard.

3.With this direction to the parties, the second appeal is dismissed. No

costs. Consequently, connected miscellaneous petition is closed.

                                                                                20.10.2021
                Index              : Yes / No
                Internet           : Yes/ No
                ias

                Note :Issue order copy on 20.10.2021

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 Principal Sub Court, Thanjavur.

2.The District Munsif Court, Thanjavur.

https://www.mhc.tn.gov.in/judis/

S.A.(MD)No.744 of 2006

G.R.SWAMINATHAN, J.

ias

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

S.A.(MD)No.744 of 2006

20.10.2021

https://www.mhc.tn.gov.in/judis/