Special Tahsildar, v. T.Ranganayaki

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2023

CORAM

THE HON'BLE MR. JUSTICE G.ARUL MURUGAN A.S.No.232 of 2011 and M.P.No.1 of 2011 Special Tahsildar, Land Acquisition Officer, Tamil Nadu Housing Scheme, Gundusalai, Cuddalore.

... Appellant Vs.

1.T.Ranganayaki 2.Tamil Nadu Housing Board, Rep. By its Executive Engineer and Administration Officer, Villupuram Housing Unit, ... Respondents (2nd respondent impleaded as party respondent vide order of the Court dated 23.06.2010 made in MP.2 of 2010).

PRAYER: Appeal Suit filed under Section 54 of the Land Acquisition Act, pleased to set aside the Decree passed in LAOP.No.112 of 2002 dated 11.09.2008 on the file of I Additional Sub Court, Villupuram. 1/5

For Appellant : Mr.T.Chandrasekaran, Spl.G.P. For Respondents : Not ready in notice

JUDGMENT

This Appeal is filed against the decree passed in LAOP No.112 of 2002 dated 11.09.2008 on the file of the I Additional Sub Court, Villupuram. On perusal of the records, it reveals that in respect of the land acquisition to an extent of 5,385 sq.ft of land, enhanced compensation of Rs.95,853/- has been awarded along with interest. The land acquisition proceedings is of the year 1991 and the award was passed in 2008. Even though, the appeal was filed and admitted in the year 2011, till date the service on the respondents has not been effected.

2. Earlier, this Court by order dated 17.02.2022, granted one week time for the appellant to pay batta for respondents and also ordered private notice. Again by order dated 09.11.2023, this Court granted two weeks to the appellant to pay batta for respondents and also permitted the appellant to take private notice.

3. Today, when the matter is listed before this Court, it is seen that 2/5

batta is yet to be paid and no steps have been taken to serve notice on the respondents. For the past 12 years, there has been no progress on the side of the appellant to take steps to serve notice on the respondents and the appeal is kept pending for long time. Thus, it is evident that the appellant is not interested in prosecuting the appeal.

4. In view of the above, this Appeal suit is dismissed for default. Consequently, connected Miscellaneous Petition is closed. 08.12.2023 drl Index : Yes / No Speaking / Non-speaking To 1.The I Additional Sub Court, 2.The Special Tahsildar, Land Acquisition Officer, Tamil Nadu Housing Scheme, Gundusalai, Cuddalore.

3.Tamil Nadu Housing Board, 3/5

Rep. by its Executive Engineer and Administration Officer, Villupuram Housing Unit, 4.The Section Officer, VR Section, High Court of Madras. G.ARUL MURUGAN .,J.

drl A.S.No.232 of 2011 and M.P.No.1 of 2011 4/5

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