Dismissed

Thiruverkadu Municipality v. Central Govt. Employees

Madras HC17 Aug 2020SA/33/2010

Case brief

AI extract

What is this about?

In this second appeal, the appellant municipality challenged the lower courts' finding in a tax suit but raised a jurisdictional plea for the first time. The court dismissed the appeal, holding the plea unsustainable due to the appellant's prior participation without objection.

What did the court decide?

Second Appeal dismissed. No costs. Connected miscellaneous petition closed.

Thiruverkadu Municipality Vs Central Govt… — Civil Procedure and Limitation | Madras HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 17.08.2020

¶3

CORAM

¶4

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

¶5

Second Appeal No.33 of 2010 and

¶6

M.P.No.1 of 2010 (Heard through video conferencing)

¶7

Thiruverkadu Municipality, Rep. By its Executive Officer, Having its Office at Thiruverkadu, Chennai – 600 077. Ambattur Taluk. ...Appellant/Defendant Vs

¶8

Central Government Employees Residential Complex Society, (Kendriya Vihar) Rep. By Its President, Having its Office at Community Centre, “Kendriya Vihar”, 123, Poonamallee High Road, Velappanchavadi, Chennai – 600 077. Ambattur Taluk. ...Respondent/Plaintiff

¶9

Prayer:- This Second Appeal has been filed under Section 100 C.P.C., against the judgment and decree dated 31.07.2009 made in A.S.No.28 of 2007 on the file of the Subordinate Court, Poonamallee confirming the judgment and decree dated 30.11.2005 made in O.S.No.71 of 2001 on the file of the District Munsif, Poonamallee.

¶10

The assessment of tax levied by the Town Panchayat for the flats owned by the plaintiff association members was challenged in the suit to declare it as null and void and arbitrary. The appellant is the defendant and the respondent is the plaintiff in the suit.

¶11

https://hcservices.ecourts.gov.in/hcservices/

¶12

2.Both the Courts below after considering the facts have held in favour of the plaintiff association. Against the concurrent finding, the Municipality has preferred the present Second Appeal wherein, for the first time, the question of jurisdiction of suit has been raised.

¶13

3.This Court finds that the appellant Municipality has not raised this plea of jurisdiction before the trial Court and had participated in the trial without any reservation. Now, after loosing the case before the Courts below has taken up the plea which in view of this Court is not sustainable. Hence, the Second Appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

¶14

-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
To
1.The Subordinate Court,
Poonamallee.
2.The District Munsif,
Poonamallee.
+1cc to M/s.V.Raghavachari, Advocate in SR.27118
S.A.No.33 of 2010
GP (CO)
RV (14/09/2020)

¶15

https://hcservices.ecourts.gov.in/hcservices/

Thiruverkadu Municipality v. Central Govt. Employees

Case brief

What is this about?

What did the court decide?

Thiruverkadu Municipality v. Central Govt. Employees

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.Sathya Vs J.Prahakar

D.Sumathi Vs S.Gokulnivas

A.C.Sundaramoorthy Vs Shanthilal

Sundaram Vs the Managing Director

Branch Manager Vs N.Velliangiri

United India Insurance Company Vs Elumalai