LAWS(MAD)-2000-4-60

STATE OF TAMIL NADU Vs. DURAIRAJ

Decided On April 28, 2000
STATE OF TAMIL NADU Appellant
V/S
DURAIRAJ Respondents

JUDGEMENT

(1.) SINCE suits, appeals were disposed of by a common judgment the present second appeals are being disposed of by the following common judgment.

(2.) IN both the appeals the District Collector, Ramanathapuram District, Assistant Collector/Revenue Divisional Officer, Paramakudi, Tahsildar, Paramakudi are the appellants. Respondent in both the appeals are brother and sister. Brother viz., Durairaj has filed O.S.No.63 of 1991 on the file of Subordinate Judge, Ramanathapuram for mandatory injunction against the defendants directing them to issue a community certificate in the revised format on the basis of the community certificate already issued in favour of the plaintiff on 1.2.1980. His sister viz., Guruvammal has filed suit in O.S.No.60 of 1991 on the file of the same Court for permanent injunction against the defendants restraining them from initiating any enquiry including the enquiry contemplated in Roc.No.A3/269/90 regarding the issuance of a community certificate in her favour. The trial Court on the basis of the oral and documentary evidence granted decree in both the cases as prayed for. Aggrieved by the said decrees the defendants therein preferred appeals in A.S.No.73 and 74 of 1995 before the Additional District Court, Ramanathapuram. By a common Judgment the appellate Court -dismissed both the appeals and confirmed the decree granted by the trial Court. Against the concurrent decision of the Courts below the Revenue Authorities have preferred the above second appeals.

(3.) HEARD Mr. N.Dhandapani, learned Government Advocate for appellants and Mr. V.Radhakrishnan, for respondents.