1. The second appeal has been preferred challenging the Judgment and Decree dated 21.08.2007 made in A.S.No.80 of 2006 on the file of the Sub-Court, Udhagamandalam, confirming the Judgment and Decree dated 29.09.2006 made in O.S.No.124 of 2004 on the file of the District Munsif, Kothagiri.

2. The unsuccessful plaintiff before the trial court is the appellant herein. The suit was filed by the appellant / plaintiff, before the trial court, seeking damages to the tune of Rs.25,000/-from the respondent / defendant with costs, on the ground that the defendant had sent a petition to the District Collector, Nilgris, containing false and defamatory averments.

3. The appellant / plaintiff has stated in the plaint that he was serving as Village Administrative Officer (VAO) of Konavakorai village, as a post-graduate, having sufficient means and reputation in the village. The village to which he belongs is the revenue village of Naduhatty and there are many Revenue villages within the territory of Kaigar at Pedthala of Nilgris District.

4. According to the appellant / plaintiff, the respondent / defendant had migrated from Kalinganatty village to Byangi village few years prior to the filing of the suit and the defendant's father had been in Government service. However, for reasons best known to him, the respondent herein had sent petition, making false allegations against the appellant with a view to tarnish the image of the appellant before the authorities, with the malafide intention, to the District Collector, Nilgris with a copy to the Chief Minister of Tamil Nadu against the appellant without any justification or excuse. The appellant has stated that the said petition contained derogatory and defamatory averments and the respondent herein, Knowing fully well that the petition would be opened and read by many officials and be circulated to other officers to ascertain whether the allegations are true or otherwise. According to the appellant, the petition contained malicious and defamatory words against the appellant / plaintiff. The officers, authorised to hold enquiry on the petition, enquired many villagers and ascertained about the allegation made in the petition on 03.10.2001 against the appellant / plaintiff.

5. It was further stated in the plaint that for no fault of him, the plaintiff had to suffer severe mental agony for many days and the villagers started suspecting the credentials of the appellant. The authorities concerned, having conducted enquiry, sent a report to the District Collector with the allegation made in the petition, dated 03.10.2001, as false and baseless. The Tahsildar, Kothagiri, who made enquiries on the allegations has stated that the defendant, who is the author of the said petition did not come forward to speak about the petition, in spite of opportunity being given to him.

6. According to the appellant, the attitude of the respondent / defendant would show that the petition was sent with an ulterior motive of damaging the reputation of the appellant / plaintiff. The appellant has further stated that he has already filed a private complaint under Sections 499 and 500 IPC r/w Section 200 Cr.P.C before the Judicial Magistrate, Kothagiri in C.M.P.No.2737 of 2003 against the respondent / defendant. With the above pleadings, the appellant herein filed the suit, relating to this second appeal, seeking damages to the tune of Rs.25,000/-from the respondent / defendant.

7. The respondent / defendant filed his written statement, disputing the averments made against him in the plaint and stated that there was no defamatory statement made by him, as stated in the plaint. the respondent / defendant has stated that there was no defamatory statement made in his petition, however, he has admitted that the petition was sent by him to the District Collector, Nilgris and enquiry was conducted by the Revenue Divisional Officer, Coonoor with regard to the proceeding in Na. Ka. Ah. No. 12880/2001 and in the enquiry,