G RAJAGOPAL Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 28.09.2005 in A.S.No.24 of 2002 on the file of Principal District Judge, Madurai, whereby the learned Principal District Judge partly reversed the judgment and decree dated 21.06.1999 in O.S.No.587 of 1997 on the file of Principal District Munsif, Madurai.

(2.) THE appellant as plaintiff filed a suit in O.S.No.587 of 1997 before the Principal District Munsif, Madurai for a decree of declaration that he is the adopted son of Thiru. Govindarajulu and Subbulakshmi and for mandatory injunction directing the respondents 1 and 2 herein to provide employment to him in the Tamil Nadu Electricity Board by way of compassionate appointment.

(3.) THE suit was resisted by the respondents 1 and 2 and in the written statement filed by the first respondent and adopted by the second respondent, it was contended that the suit as framed is not maintainable and though the appellant was taken in adoption by Govindarajulu and Subbulakshmi, the same was not declared by Govindarajulu and as such, there is no record in the office of the first respondent to show that the appellant is the adopted son of Govindarajulu. THE first respondent further contended that as per records, the fifth respondent alone is the legal heir and as such, monetary benefits payable on the death of Govindarajulu were, in fact, paid to the fifth respondent. THE first respondent also admitted the receipt of application for appointment, the field enquiry conducted by the officers of the first respondent and the report submitted by them, accepting the theory of adoption as projected by the appellant. However, it was the further case of the first respondent that the matter has to be decided by the Electricity Board and ultimately, it was their prayer to dismiss the suit.