Upgraded to Madras High Court content. Education Trust filed civil revision petitions under Article 227 challenging orders in various suits. The court observed that the election period for which these suits were filed had expired in 2018. The petitions were closed with no costs.
Petitions closed; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.07.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016 and MP.(MD)Nos.1, 2 and 3 of 2015 and CMP.(MD)No.7648 of 2016
CRP.(MD)No.602 of 2015
1.Vellala Educational Trust, Nagercoil Represented by its President, K.Ulaganatha Pillai (Aged about 67 years), Son of Kannappa Pillai, Door No.56, Central Street, Ozhuginasery, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District.
2.K.Thanappan
... Petitioners
Vs.
1.Vellala Educational Trust, Nagercoil Represented by its members and beneficiaries, Subbaiyan Pillai (Aged about 75 years) Son of S.Padmanabha Pillai, Subramaniya Bhavan, Athithapuram, Vellamadam, Thovalai Taluk, Kanyakumari District.
2.M.C.Babu
3.Aapathu Kaathan Pillai ... Respondents
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CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and executable order dated 14.03.2015 passed in I.A.No.198 of 2015 in O.S.No.67 of 2015 on the file of the learned Principal District Munsif Court, Nagercoil.
CRP.(MD)No.603 of 2015
1.Vellala Educational Trust, Nagercoil Represented by its President, K.Ulaganatha Pillai (Aged about 67 years), Son of Kannappa Pillai, Door No.56, Central Street, Ozhuginasery, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District.
2.K.Thanappan
... Petitioners
Vs.
1.Vellala Educational Trust, Nagercoil Represented by its members and beneficiaries, Subbaiyan Pillai (Aged about 75 years) Son of S.Padmanabha Pillai, Subramaniya Bhavan, Athithapuram, Vellamadam, Thovalai Taluk, Kanyakumari District.
2.M.C.Babu
3.Aapathu Kaathan Pillai ... Respondents
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CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and executable order dated 14.03.2015 passed in I.A.No.199 of 2015 in O.S.No.67 of 2015 on the file of the learned Principal District Munsif Court, Nagercoil.
CRP.(MD)No.1813 of 2015
2.K.Thanappan
... Petitioners
Vs.
1.Vellala Educational Trust, Represented by its members and beneficiaries, K.Arumugam, Son of A.Kailasam Pillai, (Aged about 76 years), Door No.11/21A, Milk Society Street, Vadakoor, Thovalai, Thovalai Village, Thovalai Taluk, Kanyakumari District.
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CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
S.Subramaniya Pillai, Son of Sankara Narayana Pillai, (Aged about 74 years), Door No.11/67, Library Street, Chenthanputhoor, Myladuy Village, Agasteeswaram Taluk, Kanyakumari District. ... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the suit in O.S.No.83 of 2015 from the file of the Principal District Court, Kanyakumari District at Nagercoil.
CRP.(MD)No.1570 of 2016
1.Vellala Educational Trust, Nagercoil Represented by its President, K.Ulaganatha Pillai (Aged about 67 years), Son of Kannappa Pillai, Door No.56, Central Street, Ozhuginasery, Nagercoil, Nagercoil Village, Agastheeswaram Taluk, Kanyakumari District.
2.K.Thanappan
... Petitioners
Vs.
1.Vellala Educational Trust, Represented by its members and beneficiaries, R.Swamikannu Pillai Son of Ramaiah Pillai, (Aged about 62 years), Sannanti Street, Krishnan Kovil,
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CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
Vadaseri Village, Agasteeswaram Taluk, Kanyakumari District.
2.A.Dhamodharan Pillai ... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the fair and executable order dated 12.01.2016 passed in I.A.No.8 of 2016 in O.S.No.4 of 2016 on the file of the First Additional Subordinate Court, Nagercoil.
For Petitioner : Mr.J.Barathan (in all CRPs.) For R1 : Mrs.J.Anandhavalli (in all CRPs.) For R2 & R3 : No Appearance (in all CRPs.)
COMMON ORDER
Civil Revision Petitions in CRP.(MD)Nos.602, 603 of 2015 and 1570 of 2016 have been filed challenging the order passed in I.A.Nos.198 & 199 of 2015 in O.S.No.67 of 2015 and I.A.No.8 of 2016 in O.S.No.4 of 2016 on the file of the Principal District Munsif, Nagercoil and I Additional Sub Judge, Nagercoil
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CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
respectively. CRP.(MD)No.1813 of 2015 has been filed to strike off the suit in O.S.No.83 of 2015 from the file of the Principal District Court, Kanyakumari District at Nagercoil.
2.As it could be seen from the records, the period, for which the election was conducted, had already expired in the year 2018 itself. Therefore, nothing survives in these petitions. Any observations made by the learned trial Judge while disposing the above applications, will not operate res judicata in any further proceedings between the parties. Accordingly, these civil revision petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed.
07.07.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No gns
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CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
To
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CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
R.VIJAYAKUMAR, J.
gns
CRP.(MD)Nos.602, 603, 1813 of 2015 and 1570 of 2016
07.07.2023
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2 issues framed by the court
Whether civil revision petitions filed to challenge orders in ongoing suits can be closed due to the expiration of the election period.
Whether any observation by the trial judge in the impugned orders will operate as res judicata.
1 provisions across 1 enactments
Vellala Educational Trust, Nagercoil
K.Thanappan
Vellala Educational Trust, Nagercoil
Subbaiyan Pillai
M.C.Babu
Aapathu Kaathan Pillai
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
