M L KRISHNAMOORTHI Vs. GUDIYATTAM MUNICIPALITY REPRESENTED BY ITS COMMISSIONER GUDIYATTAM MUNICIPALITY

JUDGEMENT

(1.) THE Appellant/Plaintiff (during his lifetime) has preferred the present Second Appeal as against the Judgment and Decree dated 31.03.1998 passed in A.S.No.31 of 1995 on the file of the Learned Subordinate Judge, Vellore, in confirming the Judgment and Decree dated 29.07.1994 in O.S.No.625 of 1982 passed by the Learned District Munsif, Gudiyattam.

(2.) PENDING Second Appeal, the Appellant/Plaintiff expired on 01.05.2003 and his son has been brought on record as 2nd Appellant as per order made by this Court in C.M.P.No.19176 of 2005. After the death of the original Appellant/Plaintiff, his son as Legal Representative has been brought on record as 2nd Appellant in the Second Appeal and he is prosecuting the Second Appeal before this Court.

(3.) THE trial Court, after analysing the oral and documentary evidence available on record, has come to a consequent conclusion that it is not established on the part of the Plaintiff that the occurrence has taken place on 18.04.1981 and further, it does not establish as to how the Plaintiff has been defamed resulting in damages and as such, has held that the Plaintiff is not entitled to claim the compensation. Added further, it has also opined that the occurrence that has taken place on 18.04.1981, the Commissioner has tendered an apology, is not to be accepted and also that, the proceedings of the Defendant/Municipality are not against law. Furthermore, for the proceedings initiated by the Defendant/Municipality, no suit can be filed as per Section 352 of the Tamil Nadu District Municipalities Act (Act 5 of 1920) and resultantly, it dismissed the suit with costs of the Defendant/Municipality to be paid by the Plaintiff.