Madras High Court
Arulmigu Mayuranathaswamy ... vs Rajapalayam Municipality on 26 September, 2023
S.A.Nos.2008 & 2228 of 2003 & 264 of 2004
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.09.2023
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
S.A.Nos.2008 & 2228 of 2003 & 264 of 2004
In S.A.No.2008 of 2003
Arulmigu Mayuranathaswamy Thirukoil,
Through its Executive Officer. ...Appellant
vs.
Rajapalayam Municipality,
Through its Commissioner,
T.P.Mills Road, Rajapalayam. ...Respondent
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the Judgment and Decree dated 22.01.2003 in A.S.No.
53 of 2001 on the file of the Sub Court, Srivilliputtur confirming the
Judgment and Decree dated 21.08.2001 in O.S.No.178 of 1997 on the
file of the Additional District Munsif Court, Srivilliputtur.
For Appellant : Mr.PT.S.Narendravasan
For Respondent : Mr.N.Dilip Kumar
Page 1 of 6
https://www.mhc.tn.gov.in/judis
S.A.Nos.2008 & 2228 of 2003 & 264 of 2004
In S.A.No.2228 of 2003
Arulmigu Mayuranathaswamy Thirukoil,
Through its Executive Officer. ...Appellant
vs.
Rajapalayam Municipality,
Through its Commissioner,
T.P. Road, Rajapalayam. ...Respondent
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the Judgment and Decree dated 22.01.2003 in A.S.No.
54 of 2001 on the file of the Sub Court, Srivilliputtur confirming the
Judgment and Decree dated 21.08.2001 in O.S.No.177 of 1997 on the
file of the Additional District Munsif Court, Srivilliputtur.
For Appellant : Mr.PT.S.Narendravasan
For Respondent : Mr.N.Dilip Kumar
In S.A.No.264 of 2004
Arulmigu Mayuranathaswamy Thirukoil,
Through its Executive Officer. ...Appellant
vs.
Rajapalayam Municipality,
Through its Commissioner,
T.P. Road, Rajapalayam. ...Respondent
Page 2 of 6
https://www.mhc.tn.gov.in/judis
S.A.Nos.2008 & 2228 of 2003 & 264 of 2004
Prayer: Second Appeal filed under Section 100 of the Code of Civil
Procedure against the Judgment and Decree dated 22.01.2003 in A.S.No.
55 of 2001 on the file of the Sub Court, Srivilliputtur confirming the
Judgment and Decree dated 21.08.2001 in O.S.No.173 of 1997 on the
file of the Additional District Munsif Court, Srivilliputtur.
For Appellant : Mr.PT.S.Narendravasan
For Respondent : Mr.N.Dilip Kumar
COMMON JUDGMENT
When the matters were taken up for hearing on 11.09.2023, this
Court recorded the submissions of Mr.N.Dilip Kumar, learned counsel
for the respondent and the same is as follows.
"2.Mr.N.Dilip Kumar, learned counsel has submitted
that when the matter was filed in the Principal Seat
during the year 2003, some other counsel appeared for
the respondent. Thereafter, when the matter was listed
before this Court on 29.08.2023, since there was no
representation on behalf of the respondent, this Court
directed the respondent to appear before this Court.
Thereafter, he was instructed to appear on behalf of the
respondent. He further submitted that the appellant has
duly paid the entire amount for the subsequent years
and there is no dispute among the appellant and the
respondent with regard to the payment of tax for the
subsequent years. However, he seeks time to get
appropriate instructions in this aspect."
Page 3 of 6
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S.A.Nos.2008 & 2228 of 2003 & 264 of 2004
2. Today, when the matters are taken up for hearing, the learned
counsel appearing for the appellant in all the appeals would submit that
though he has contacted the appellant, there was no response from them.
He would also submit that the appellant may not have any grievance
since according to Mr.Dilip Kumar, learned counsel, the appellant has
been paying the dues of the property tax regularly.
3. In view of the fact that the appellant is not showing any interest
to prosecute the appeals, recording the submissions of the learned
counsel for the appellant and the learned counsel for the respondent, the
Second Appeals are hereby closed as no further orders are required. No
costs.
26.09.2023
NCC:Yes/No
Index:Yes/No
Speaking/Non-speaking order
mbi
Page 4 of 6
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S.A.Nos.2008 & 2228 of 2003 & 264 of 2004
To
1.The Sub Judge, Srivilliputtur
2.The Additional District Munsif, Srivilliputtur
3.The Section Officer,
Vernacular Records Section,
Madurai Bench of Madras High Court,
Madurai.
Page 5 of 6
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S.A.Nos.2008 & 2228 of 2003 & 264 of 2004
KRISHNAN RAMASAMY, J.
mbi
S.A.Nos.2008 & 2228 of 2003
& 264 of 2004
26.09.2023
https://www.mhc.tn.gov.in/judis
