Akila Thiruvidancore Siddha Vaidhya Sangam Vs a.T.S.v.S.Siddha Medical College and Hospital

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A.No.1032 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01-04-2026

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CORAM

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THE HON'BLE DR.JUSTICE A.D.MARIA CLETE

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A No. 1032 of 2026 in

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C.S. No. 150 of 2024

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Akila Thiruvidancore Siddha Vaidhya Sangam Munichirai, Pudukadai Post - 629171. K.K.Dist, Having its branch office at No.17, C.K.Street, Ayanavaram, Chennai - 600023. Rep by its Director, Acting president Mr.L.Noelraj.

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..Applicant(s)

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Vs

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A.T.S.V.S.Siddha Medical College and Hospital Run by Akila thiruvidancore Siddha Vaidhya Sangam, Munichirai, Pudukadi Post, Kanyakumari District - 629171. Rp by its Iterim Administrator, Justice A.Ramamurthy, S/o.Anganan, Plot No.9, HIG, TNHB Phase II, Nolambur, Mugappair West, Chennai - 600 037.

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Dr.T.Radhakrishnan The President, M/s. Akila Thiruvathancore Siddha Vaidya Sangam, (The Trust company incorporated under Indian Companies Act 1956 in Regd.No.003657 dated 04/02/1959) Munchirai, Puthukadai Post, Kanyakumari District-629171, Tamil Nadu. (2nd Deffendant impleaded as per order dated 21/04/2025 in A.No.464/2025)

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..Respondent(s)

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https://www.mhc.tn.gov.in/judis

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A.No.1032 of 2026 To refund the Court Fee paid in C.S.No.150 of 2024 to the tune of Rs.2,91,100/- (Rupees Two Lakhs Ninety One Thousand Hundred only) as per Receipt of Nos.TNCT0204C2431M540, dated 02/03/2024 and to the tune of Rs.10,135/- (Rupees Ten Thousand One Hundred and Thirty Five only) as per Receipt No.TNCTO1331234490056. As on Sep 2023 in C.S.No.150 of 2024 memo of valuation court fee paid is Rs.3,01,235/- as the plaintiff has withdrawn the suit and disposed on 22/10/2025 by this Honble court thus entitle for Rs.3,01,235/- to the Plaiintiff Mr.Noelraj.

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For Applicant(s): M/s.P.Padmeshwari Dr.Christurajamani M.Judson Jeba Kumar For Respondent(s): Mr.K.S.Balaji Venkatesh for D1.

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ORDER

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This application has been filed to refund the Court Fee paid in C.S.No.150 of 2024 to the tune of Rs.2,91,100/- (Rupees Two Lakhs Ninety One Thousand Hundred only) as per Receipt of Nos.TNCT0204C2431M540, dated 02/03/2024 and to the tune of Rs.10,135/- (Rupees Ten Thousand One Hundred and Thirty Five only) as per Receipt No.TNCTO1331234490056. As on Sep 2023 in C.S.No.150 of 2024 memo of valuation court fee paid is Rs.3,01,235/- since the plaintiff has withdrawn the suit and the same was disposed on 22/10/2025 by this Court, the plaintiff seeks for refund of Court fee to the tune of Rs.3,01,235/- to the Plaintiff Mr.Noelraj.

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https://www.mhc.tn.gov.in/judis

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A.No.1032 of 2026

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1. It is seen from the records that the suit was dismissed as withdrawn on

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22.10.2025. Though the plaintiff has sought for refund of court fee under Order XIV Rule 8 of the Original Side Rules read with Order 7 Rule 11 of CPC and Section 66 of the Tamil Nadu Court fee and Valuation Act holding Section 69A, he is not entitled for any refund of court fee in the manner known to law. Further, the Judgment of the Supreme Court relied on by the learned counsel for the applicant is not applicable to the facts of the present case, since the suit herein has been dismissed as withdrawn and has not been settled either privately or by mediation. Further, at the time of dismissing the suit, no order was passed regarding refund of court fee. This amounts to denial of such relief; hence, the plaintiff cannot maintain this petition separately.

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