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2016 Supreme(Mad) 2610

R.MALA
Tenkasi Municipality through its Commissioner – Appellant
Versus
Elavarasi – Respondent


Advocates Appeared:
For the Appellants : M/s. Balameenakshi for Mr. K.P. Krishnadoss.
For the Respondents: Mr. T.S.R. Venkatraman and Mr. C. Selvaraj.

JUDGMENT :

R. MALA, J.

1. The first defendant, who lost the legal battle before both the Courts below, has come forward with this Second Appeal challenging the Judgment and Decree dated 24.06.2005 passed in A.S. No. 118 of 2004, on the file of the learned Principal Subordinate Judge, Tenkasi, by confirming the Judgment and Decree dated 06.07.2004, passed in O.S. No. 442 of 2003, on the file of the learned District Munsif, Tenkasi.

2. Heard the learned counsel appearing for both sides and perused the materials available on record.

3. The respondents 1 to 4 as plaintiffs filed a suit in O.S. No. 442 of 2003, for declaration that the cancellation of assessment order in Na.Ka. No. 10209/2003.A1, dated 25.11.2003 is ab initio, illegal and void and declaration that the plaintiffs are the owners of the property and restraining the defendants to demolish the property and injunction restraining the second defendant not to disconnect the service connection and mandatory injunction to make a building construction in the suit property and directing the second defendant to give re-connection and also costs by stating that the first plaintiff's father-in-law and 2 to 4 plaintiffs' paternal grandfath





























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