V.Thirumalaikumar vs State Of Tamil Nadu
2023 Latest Caselaw 14059 Mad

                                                                  S.A.No.733 of 2004

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 20.10.2023

                                                   CORAM:

                                  THE HONOURABLE MRS.JUSTICE KALAIMATHI

                                             S.A.No.733 of 2004
                 1.V.Thirumalaikumar
                 2.P.Subramanian
                 A1 and A2 substituted as
                 appellants in this appeal vide
                 order of this Court dated 20.10.2023
                 made in C.M.P.(MD).No.14518 of 2023.
                                                                      ... Appellants
                                                     -Vs-
                 1.State of Tamil Nadu
                   represented by the District Collector,
                   Tirunelveli District,
                   Kokkirakulam,
                   Tirunelveli.

                 2.Commissioner,
                   Hindu Religious and Charitable Endowment
                   (Administration),
                   Chennai.

                 3.Joint Commissioner,
                   Hindu Religious and Charitable Endowment
                    (Administration),
                   Palayamkottai,
                   Tirunelveli.

                 1/5

https://www.mhc.tn.gov.in/judis
                                                                                   S.A.No.733 of 2004

                 4.Assistant Commissioner,
                   Hindu Religious and Charitable Endowment
                   (Administration),
                   Palayamkottai.                                                  ... Respondents


                 PRAYER: The Second Appeal is filed under Section 100 of the Civil
                 Procedure Code, against the judgment and decree passed in A.S.No.54 of
                 2001, dated 12.03.2003 passed by the learned Additional Subordinate
                 Judge, Tenkasi confirming the judgment and decree of the learned
                 Principal District Munsif, Tenkasi made in O.S.No.36 of 1996, dated
                 11.04.2001.
                                          For Appellants   : Mr.V.Meenakshi Sundaram
                                                            for Mr.D.Nallathambi
                                          For Respondents: Mr.N.Ramesh Arumugam
                                                             Government Advocate


                                                      JUDGMENT

A memo has been filed by the appellants side to the effect that as

the second appeal is filed against the concurrent findings of the trial Court

and the first appellate Court and in order to give quietus to all the issues, it

is decided to take recourse under Section 64 of the Tamil Nadu Hindu

Religious and Charitable Endowments Act, 1959 with liberty to pursue the

statutory remedy available under the said Act.

https://www.mhc.tn.gov.in/judis S.A.No.733 of 2004

2. Originally, the suit in O.S.No.36 of 1996 is filed for the relief of

declaration and permanent injunction by Arunachalam Pillai and

M.Ganesan and the same is dismissed. Against which, an appeal was

preferred before the Additional Sub Court, Tenkasi and the said appeal is

also dismissed, confirming the judgment and decree of the trial Court.

Therefore, this Second Appeal is disposed of recording the said

submission, granting liberty to the appellants to pursue the statutory

remedy available under Section 64 of the Tamil Nadu Act 22 of 1959.

Memo is recorded. The Authority, while deciding the matter under Section

64 of the Tamil Nadu Act 22 of 1959, decide the case on merits and in

accordance with law, without influenced by the findings of the above said

Courts. There is no order as to costs.

20.10.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No

akv

https://www.mhc.tn.gov.in/judis S.A.No.733 of 2004

To

1.The Additional Subordinate Judge, Tenkasi.

2.The Principal District Munsif, Tenkasi.

3.The District Collector, Tirunelveli District, Kokkirakulam, Tirunelveli.

4.The Commissioner, Hindu Religious and Charitable Endowment (Administration), Chennai.

5.The Joint Commissioner, Hindu Religious and Charitable Endowment (Administration), Palayamkottai, Tirunelveli.

6.The Assistant Commissioner, Hindu Religious and Charitable Endowment (Administration), Palayamkottai.

7.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis S.A.No.733 of 2004

R.KALAIMATHI,J.

akv

S.A.No.733 of 2004

20.10.2023

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