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2025 DAILYLAW 106423 (MAD)

A.ROOPANANDAN v. Sri Akavandaar Charities

CMP/8039/2024 · 2025-09-18

G Jayachandran, Mummineni Sudheer Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP NOS. 8039, 8047 & 8050 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-09-2025 CORAM THE HONOURABLE DR JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR CMP NOS. 8039, 8047 & 8050 of 2024 IN AS NO. 569 OF 1999 CMP NO. 8039 of 2024 A.Roopanandan S/o. Alladiyar, No.66,Gramani Street, Pattipulam Village, Thiruporur Taluk, Chengalpet District-603 104, Segani Gramani (Deceased), B.Kanniappan(died), Natesa Gramani (Died), Krishnammal(Deceased), T.Subramanian(Died),S.Viswanathan(Died), Lakshmi(Deceased),W/o.B.SenganiGramani and 18 Others Appellant(s) Vs Sri Akavandaar Charities Rep. By its Executive Officer, mahabalipuram, R.Kanniappan (Deceased),S/o. Rajathinam Gramani, kanaksabai (Deceased),S/o. Perumal Gramani, Rajabathar (Deceased),S/o. Gopal Gramani, R.Kuppuswamy Naicker(Deceased), S/o. Rangatha naicker, Selvaraj(died), S/o. Varatharaja mudaliyar and 29 Others Respondent(s) CMP NO. 8047 of 2024 A.Roopanandan .S/o.Alladiyar, No.66, Gramani Street, Pattipulam Village, Thiruporur Taluk, Chengelpat District 603 104. Segani Gramani (Deceased), B.Kanniappan(died), Natesa Gramani (Died), Krishnammal(Deceased), T.Subramanian(Died),S.Viswanathan(Died), Lakshmi(Deceased),W/o.B.SenganiGramani and 18 Others Appellant(s) https://www.mhc.tn.gov.in/judis Vs Sri Akavandaar Charities Rep. By its Executive Officer, mahabalipuram, R.Kanniappan (Deceased),S/o. Rajathinam Gramani, kanaksabai (Deceased),S/o. Perumal Gramani, Rajabathar (Deceased),S/o. Gopal Gramani, R.Kuppuswamy Naicker(Deceased), S/o. Rangatha naicker, Selvaraj(died), S/o. Varatharaja mudaliyar and 29 Others Respondent(s) CMP NO. 8050 of 2024 A.Roopanandan .S/o. Alladiyar, No.66,Gramani Street, Pattipulam Village, Thiruporur Taluk, Chengalpet District-603 104, Segani Gramani (Deceased), B.Kanniappan(died), Natesa Gramani (Died), Krishnammal(Deceased), T.Subramanian(Died),S.Viswanathan(Died), Lakshmi(Deceased),W/o.B.SenganiGramani and 18 Others Appellant(s) Vs Sri Akavandaar Charities Rep. By its Executive Officer, mahabalipuram, R.Kanniappan (Deceased),S/o. Rajathinam Gramani, kanaksabai (Deceased),S/o. Perumal Gramani, Rajabathar (Deceased),S/o. Gopal Gramani, R.Kuppuswamy Naicker(Deceased), S/o. Rangatha naicker, Selvaraj(died), S/o. Varatharaja mudaliyar and 29 Others Respondent(s) For Appellant(s): For Respondent(s): Cmp 8039, 8047 & 8050/2024 -------- R-15 K Sampathkumar R-17 K.Gevanandham https://www.mhc.tn.gov.in/judis R-18 K Dhaalakshmi Paper Paper Publication Order To R16 Paper Publication Filed R-16 K Muruganandham COMMON ORDER (Order of the Court was made by the Hon'ble Dr.G.Jayachandran J.) These three applications are filed as a consequence of the death of the third respondent, namely, Mr.Kanakasabai on 10.12.2021. 2. These applications have been taken out to set aside abatement caused due to the death of the third respondent, to condone the delay of 508 days in setting aside abatement caused due to death of the third respondent, and to bring on record the legal representatives of the deceased third respondent, namely, Mr.Kanakasabai, as respondents 20 to 23 in the main appeal. 3. Notice has been served on the learned counsel for the respondents. No objection has been received. The records indicate that during the pendancy of the appeal, some of the parties died, and applications were filed to bring the legal representatives on record, which were allowed on different dates. 4. Initially, when the appeal was preferred in the year 1999, there were seven appellants and six respondents. On the death of certain parties and by virtue of applications to bring the legal representatives on record, respondents 7 to 25 were https://www.mhc.tn.gov.in/judis impleaded. In these three applications, filed as a consequence of the death of the third respondent, namely, Mr. Kanakasabai, though the proposed parties were initially ranked as respondents 20 to 23, in the light of the orders passed by this Court, while allowing the application to condone the delay in filing the application to set aside abatement and thereafter setting aside the abatement, the application in C.M.P. No.8050 of 2024 to bring the legal representatives of the deceased third respondent on record is allowed. 6. Accordingly, these applications are ordered and the proposed respondents, namely, Mr.K.Sampathkumar, Mr.K.Muruganandham, Mr.K.Gevanandham, and Mrs.K.Dhanalakshmi, are impleaded as respondents 26 to 29 in the main appeal. 7. The Registry is directed to carry out the necessary amendment. Learned counsel for the appellants is directed to file a clean amended copy of the grounds of appeal within a period of one week. 8. Post the main appeal on 09.10.2025. (G.JAYACHANDRAN J.) (MUMMINENI SUDHEER KUMAR J.) 18-09-2025 skr https://www.mhc.tn.gov.in/judis To 1. Sri Akavandaar Charities Rep. By its Executive Officer, mahabalipuram, R.Kanniappan (Deceased),S/o. Rajathinam Gramani, kanaksabai (Deceased),S/o. Perumal Gramani, Rajabathar (Deceased),S/o. Gopal Gramani, R.Kuppuswamy Naicker(Deceased), S/o. Rangatha naicker, Selvaraj(died), S/o. Varatharaja mudaliyar 2. Radha No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 3. K Kesavamurthy No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 4. K Niraimathy No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 5. K Kalaimathy No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 6. K Ayyappan No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 7. K Valarmathy No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 8. K Thilagavathy No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 9. K Kungumavathy No.109, Pattipulam village, mahabalipuram, Via Chengalpattu Taluk and District 10. K Raniammal W/o. Late.R.Kanniappan, No.37,1st Street, VC Garden, Mandaveli, Chennai-600 028 11. K Parthiban S/o. Late.R.Kanniappan, No.37,1st Street, VC Garden, Mandaveli, Chennai-600 028 12. K Dhandapani S/o. Late.R.Kanniappan, No.37,1st Street, VC Garden, Mandaveli, Chennai-600 028 13. K Rukmani D/o. Late.R.Kanniappan, No.37,1st Street, VC Garden, Mandaveli, Chennai-600 028 https://www.mhc.tn.gov.in/judis 14. K Vasanthakumari D/o. Late.R.Kanniappan, No.37,1st Street, VC Garden, Mandaveli, Chennai-600 028 15. K Sampathkumar S/o. late Kanakasabai, No.23, Annan street, Thiuvanmiyur, Chennai-600 043 16. K Muruganandham S/o. Late Kanakasabai, No.23, Annan Street, Thiruvanmiyur, Chennai-600 043 17. K.Gevanandham S/o.late Kanakasabai, No.23, Annan street, Thiuvanmiyur, Chennai-600 043 18. K Dhaalakshmi D/o. late Kanakasabai, No.23, Annan street, Thiuvanmiyur, Chennai-600 043 19. R Rani W/o. Late Rajabathar, Nemeli Village(Via) Mahalingapuram, Chengalpattu Taluk and District 20. R Kumaraguru S/o Late Rajabathar, Nemeli Village(Via) Mahalingapuram, Chengalpattu Taluk and District 21. R Gayathri D/o.Late Rajabathar, Nemeli Village(Via) Mahalingapuram, Chengalpattu Taluk and District 22. S Manivannan S/o. Late.Selvaraj, 30/15, Nehru Highway, Bakthavachalam Nagar, Palavanthaagal, Chennai-114 23. S Rani D/o. Late Selvaraj, 3/540, Sokkammal Nagar, Veeranam Road, Kelambakkam, Chennai-603 103 24. S Dakshyani D/o. Late Selvaraj, 55, Medavakkam main Road, Adambakkam, Chennai-88 25. Selvam S/o. S.Viswananthan, No.59/42, Pillayar Koil Street, Thiruvanmiyur, Chennai-41 26. Kalaiselvi D/o. S.Viswanathan, No.59/42, Pillayar Koil Street, Thiruvanmiyur, Chennai-41 27. Ashokan https://www.mhc.tn.gov.in/judis S/o. S.Viswanathan, No.59/42, Pillayar Koil Street, Thiruvanmiyur, Chennai-41 28. Karunakaran S/o. T.Subramanian, No.59/42, Pillayar Koil Street, Thiruvanmiyur, Chennai-41 29. Shankar S/o. s.Viswanathan, No.59/42, Pillayar Koil Street, Thiruvanmiyur, Chennai-41 30. Ranjani, D/o.S.Viswanathan, No.59/42, Pillayar Koil Street, Thiruvanmiyur, Chennai-41 https://www.mhc.tn.gov.in/judis