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1999 Supreme(Mad) 604

K.P.SIVASUBRAMANIAM
The Government of Tamil Nadu, by its collector of Ramanathapuram at Madurai – Appellant
Versus
Peria Pallivasal Abiramam by its Trustee – Respondent


Advocates Appeared:
For the Appellants :P.M. Bhaskaran, Advocate.
For the Respondents:N. Maninarayanan, Advocate.

Judgment :-

This Second Appeal is directed against the judgment of the learned Additional District Judge, Ramanathapuram, at Madurai, in A.S. No. 21 of 1984 confirming the judgment of the learned District Munsif, Paramakudi, in O.S. No. 122 of 1981. Defendants 1 to 3 are the appellants in the above Second Appeal.

2.The Plaintiff/Peria Pallivasal, Abiramam, through its trustee, had prayed for a declaration that the plaintiff is entitled to the suit property (Uppoorani) in Survey No. 249/2 Abiramam and that the resolution No. 45 dated 24.11.1973 of the panchayat was void and cannot affect the rights and enjoyment of the suit property by the plaintiff and for a consequential relief of injunction restraining the defendants from in any manner interfering with the enjoyment of the suit property by the plaintiff. The first defendant in the suit is the State of Tamil Nadu represented by the District Collector. Second defendant is Abiramam Town Panchayat while the third defendant is the Tamil Nadu Wakf Board. The plaintiff contended that the entire area comprising the oorani was a single unit surveyed and recorded as Paimash No. 10 in ancient Olugu account for fasli 1336. Paimash No. 10 was n












































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