The Spl.Tahsildar (La) v. Mahaswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2023

CORAM

THE HON'BLE MR. JUSTICE G.ARUL MURUGAN 1.The Special Tahsildar (LA), Chennai Export Processing Zone, Saidapet, Chennai-600 015.

2.The Development Commissioner, MEPZ, Kadaperi, Tambaram, Chennai-600 045.

... Appellants Vs.

1.Maheswari 2.Meenal ... Respondents PRAYER: Appeal Suit filed under Section 54 of the Land Acquisition Act against the judgment and decree in L.A.O.PNo.704 of 1987 dated 31.08.2000 of the Learned Subordinate Judge, Poonamallee. For Appellants : Mr.T.Chandrasekaran Special Government Pleader.

For R1 : Mr.K.Balaji R2 : Died (Steps Due) 1/3

JUDGMENT

This appeal suit has been preferred as against the enhancement of award passed in L.A.O.P.No.704 of 1987, dated 31.08.2000 on the file of Subordinate Judge, Poonamallee.

2.Perusal of the record shows that the acquisition proceedings is of the year 1985 and award has been passed, as early as in the year 1987. The matter pertains to acquisition of 0.08 acres of land for which enhanced total compensation of a sum of Rs.85,990.60/- has been awarded along with interest. The second respondent in the appeal died, as early as on 27.03.1996 and till date, steps has not been taken to substitute the legal heirs of the deceased second respondent on record. The appeal is kept pending for the past 21 years and the appellants have not taken any steps, which shows that they are not interested in prosecuting the appeal. Therefore, there is no purpose in keeping the appeal pending.

3.In view of the above, this appeal suit is dismissed as abated. 24.11.2023 (2/6) dpa Index : Yes / No Speaking / Non-speaking 2/3

G.ARUL MURUGAN .,J.

dpa To 1.The Subordinate Judge, Poonamallee.

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