SA(MD). No.942 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Civil Appellate Jurisdiction ) Friday, the Twenty Seventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN SA(MD). No.942 of 2011 PANDIAMMAL (DIED), VIJAYALAKSHMI (DIED) 1. DHANAM 2. Saroja Duraipandi (Died) 3. Ravichandran 4. Pandiarajan 5. Mahalakshmi ... Appellants/Appellants/Plaintiffs -Vs- 1.THE EXECUTIVE OFFICER, VADAMADURAI TOWN PANCHAYAT, VADAMADURAI. 2.THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, DINDIGUL DISTRICT. 3.THE TAHILDAR, VEDASANDUR TALUK OFFICE, DINDIGUL DISTRICT. ... Respondents/respondents/defendants Prayer:- Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree of the Additional Subordinate Judge, Dindigul, dated 27.10.2010, made in Appeal Suit No.93 of 2008, confirming the judgment and decree of the court of the District Munsif-cum-Judicial Magistrate, Vedasandur, made in Original Suit No.74 of 1997, dated 25.04.2007. DECREE:- This Second Appeal coming on for hearing under the provisions of Rule II of Order XLI of Schedule I of the Code of Civil Procedure 1908, upon perusing the Grounds of Appeal and the judgments and decrees of the Lower Appellate Court and the Court of First Instance and upon hearing the arguments of M/S. S.Balasubramanian, Advocate for the Appeallant, and M/S. R.Ragavendiran, Government Advocate for the respondents, while dismissing the Second Appeal, this Court doth Order and Decree is as follows; (1) That the Judgment and Decree of the Courts below that the Plaintiff cannot be granted the relief of declaration, nor the defendants can be restrained, be and hereby are only sustained. 1/2 https://hcservices.ecourts.gov.in/hcservices/ SA(MD). No.942 of 2011 (2) That if the defendants/Respondents herein take a policy decision to evict the plaintiff, then they have to necessarily follow the procedure set out in the relevant statute; and (3) That with the above observations clause (1) and (2), this Second Appeal be and hereby is dismissed and that there be no cost in the Second Appeal. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TO 1)The Additional Subordinate Judge, Dindigul. 2)The District Munsif-cum-Judicial Magistrate, Vedasandur. Copy to: The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/S.Special Government Pleader(SR-27649 dated 31/08/2021) +1 CC to M/s.S.BALASUBRAMANIAN, Advocate(SR-27732 dated 01/09/2021) ORDER DATED : 27/08/2021 ========================== DECREE ========================== SA(MD). No.942 of 2011 Nature of Decree:- Dismissing the Second Appeal preferred against the judgment and decree of the Additional Subordinate Judge, Dindigul, dated 27.10.2010, made in Appeal Suit No.93 of 2008, confirming the judgment and decree of the court of the District Munsif- cum-Judicial Magistrate, Vedasandur, made in Original Suit No.74 of 1997,dated 25.04.2007, etc., as stated within. DJ(CO) GC/JC(08.11.2021) 2P 7C 2/2 https://hcservices.ecourts.gov.in/hcservices/