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2009 Supreme(Mad) 4983

R.BANUMATHI
E. Jayaraman – Appellant
Versus
A/m. Thanneerkattu Perumal Thirukkovil rep. by the Executive Officer K. Kandasamy, Salem & Others – Respondent


Advocates Appeared:
For the Appellant :R. Thiagarajan, Senior Counsel, for M. Muthappan, Advocate.
For the Respondents: R1 & R2, M. Sundar, R3 & R5, Bhavani Subbarayan Spl. Govt. leader (CS).

Judgment :-

This second appeal is directed against the judgment in A.S.No.47 of 2005 reversing the judgment of the trial Court in O.S.No.15 of 2002 and thereby dismissing the appellant/plaintiffs suit. Unsuccessful plaintiff is the appellant. For convenience, parties are referred to as they are originally ranked in the suit.

2. Case of plaintiff is that plaintiff is the successful bidder in the auction conducted for the leasehold right of the land situated in S.No.48/2 of Veerichipalayam Village in Sankari Taluk for 3 years for fasalies 1408 to 1410. At the auction held on 31.07.1988, plaintiff deposited Rs.2,00,000/-(vide receipt Ex.A2). Further case of plaintiff is that defendants, who are in-charge of the Temple and its affairs were not able to hand over possession since one M/s.Karuna Mines and Minerals was in possession of the property auctioned and whose lease period was over and applied for renewal of the licence for quarrying with the Government of Tamilnadu. Renewal of licence was not granted and hence M/s.Karuna Mines and Minerals filed a revision to Government of India as envisaged under Minor Mineral Concession Rules and the said application was remanded for fresh dispo





















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