J.T.Jayachandran vs The Commissioner
2023 Latest Caselaw 10846 Mad

                                                    S.A.Nos.1536, 1615, 1617, 1683 of 2002 & 571, 572, 573 & 574 of 2001


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 21.08.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                     S.A.Nos.1536, 1615, 1617, 1683 of 2002 & 571, 572, 573 & 574 of 2001
                                        M.P.(MD)Nos.1, 1 & 1 of 2012

                     In S.A.No.1536 of 2002,


                     J.T.Jayachandran                                   ...Appellant
                                                          vs.
                     The Commissioner,
                     Kodaikanal Municipality,
                     Kodaikanal.                                        ...Respondent

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 22.03.2002 in A.S.No.
                     45 of 1997 on the file of the Sub Court, Palani reversing the Judgment
                     and Decree dated 31.03.1997 in O.S.No.59 of 1996 on the file of the
                     District Munsif Court cum Judicial Magistrate, Kodaikanal.

                     For Appellant                            :         No appearance

                     For Respondent                           :         Mr.S.Kadarkarai




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https://www.mhc.tn.gov.in/judis
                                                           S.A.Nos.1536, 1615, 1617, 1683 of 2002 & 571, 572, 573 & 574 of 2001




                                                   COMMON JUDGMENT



                                  The learned counsel appearing for the respondent in all the appeals

                     namely Mr.S.Kadarkarai and Mr.P.Srinivas would submit that in all the

                     appeals, the appellants have paid the amount and subsequently, they have

                     also been paying the enhanced tax amount regularly without any failure.

                     Therefore, they would submit that these Second Appeals are liable to be

                     dismissed as infructuous.



                                  2. There is no representation for the appellants in all the appeals.

                     Probably the appellants have chosen not to appear before this Court

                     because of the reason that they have all been paying tax regularly

                     subsequent to the filing of the appeal.




                     Page 2 of 4
https://www.mhc.tn.gov.in/judis
                                                         S.A.Nos.1536, 1615, 1617, 1683 of 2002 & 571, 572, 573 & 574 of 2001


                                  3. Therefore, recording the submissions of the learned counsel

                     appearing for the respondent in all the appeals, these Second Appeals are

                     dismissed as infructuous.         No costs.           Consequently, the connected

                     Miscellaneous Petitions are closed.



                                                                                                          21.08.2023

                     NCC:Yes/No
                     Index:Yes/No
                     Speaking/Non-speaking order

                     mbi


                     To

                     1.The Sub Court, Palani

                     2.The District Munsif Court
                        cum Judicial Magistrate, Kodaikanal

                     3.The Section Officer,
                       Vernacular Records Section,
                       Madurai Bench of Madras High Court,
                       Madurai.




                     Page 3 of 4
https://www.mhc.tn.gov.in/judis
                                   S.A.Nos.1536, 1615, 1617, 1683 of 2002 & 571, 572, 573 & 574 of 2001


                                                     KRISHNAN RAMASAMY, J.

mbi

S.A.Nos.1536, 1615, 1617, 1683 of 2002 & 571, 572, 573 & 574 of 2001

21.08.2023

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