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Madras High CourtAS/483/2016dismissed as abated

The Special Tahsildar v. Tharakan Devassy Jose

2026-02-02Honourable Dr.Justice A.D.Maria Clete6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AS No. 483 of 2016, A.S.No.484 of 2016, A.S.No.796 of 2019 and A.S.No.163 of 2020 AS No. 483 of 2016 and A.S.No.484 of 2016 The Special Tahsildar (Land Acquisition) Xv TIDCO, Petro Chem Park, Having its Office At Nandanam, Chennai 35 ..Appellant Vs

1. Tharakan Devassy Jose Tharakan House, Koonamoochi Post, Hospital Road, Trichur Dt, Kerala.

The Tamil Nadu Industrial Development Corporation Limited Having its Office At No.19-A, Rukmani Lakshmipathy Road, Egmore, Chennai.

..Respondents

1. Tharakan Devassy Jose Tharakan House, Koonamoochi Post, Hospital Road, Trichur Dt, Kerala 680 504. ..Appellant Vs

1. The Special Tahsildar (Land Acquisition) Xv TIDCO, Petro Chem Park, Having its Office At Nandanam, Chennai 35

TIDCO, No.19-A, Rukmani Lakshmipathy Road, Egmore, Chennai. ..Respondents Prayer in AS.No.483 of 2016: Appeal Suit filed under Section 54 of the Land Acquisition Act to set aside the decree passed in LAOP No.31 of 2001 dated 01.08.2014 on the file of the learned IV Additional District Judge, Ponneri. Prayer in AS.No.484 of 2016: Appeal Suit filed under Section 54 of the Land Acquisition Act to set aside the decree passed in LAOP No.32 of 2001 dated 01.08.2014 on the file of the learned IV Additional District Judge, Ponneri. Prayer in AS.No.796 of 2019: Appeal Suit filed under Section 54 of the Land Acquisition Act against the fair and decreetal order 01.08.2014 in LAOP No.32 of 2001 on the file of the IV Additional District Judge, Ponneri. Prayer in AS.No.163 of 2020: Appeal Suit filed under Section 54 of the Land Acquisition Act against the fair and decreetal order 01.08.2014 in LAOP No.31 of 2001 on the file of the IV Additional District Judge, Ponneri. AS No. 483 of 2016 and A.S.No.484 of 2016 For Appellant:

Mr.G.Nanmaran, Special Govt.Pleader For Respondents:

Mr.K.Prabhakaran for R1 Mr.A.Selvendran for R2 For Appellant:

Mr.K.Prabhakaran For Respondents:

Mr.G.Nanmaran, Special Govt.Pleader

JUDGMENT

A.S. No. 483 of 2016 has been filed by the Special Tahsildar, Land Acquisition against the award passed by the IV Additional District Judge, Ponneri in L.A.O.P. No. 31 of 2001 dated 01.08.2014 and A.S. No. 163 of 2020 has been filed by the claimant against the very same award seeking enhancement.

2. A.S. No. 484 of 2016 has been filed by the Special Tahsildar, Land Acquisition against the award passed by the IV Additional District Judge, Ponneri in L.A.O.P. No. 32 of 2001 dated 01.08.2014 and A.S. No. 796 of 2019 has been filed by the claimant against the very same award seeking enhancement.

3. When this matter was taken up for hearing on 10.11.2025, a memo has been filed by the learned counsel for the first respondent in A.S. Nos. 483 & 484 of 2016 / appellant in A.S. Nos. 796 of 2019 & 163 of 2020 stating that the sole appellant died and sought time to take steps for impleading the legal heirs of the deceased sole appellant. However, when the matter was again listed on 22.01.2026, there was no representation for the learned counsel for the sole appellant and no steps have been taken either by the learned counsel for the sole appellant or by the learned Government Advocate in AS.Nos.483 and 484 of 2016.

4. When this matter was taken up for hearing today (i.e 02.02.2026), no steps has been taken to bring legal heirs of deceased sole appellant in A.S. Nos. 796 of 2019 & 163 of 2020 as such no steps have been taken for the deceased for impleading the legal heirs in all these appeals in AS.Nos.483 and 484 of 2016 and A.S. Nos. 796 of 2019 & 163 of 2020. Hence all these appeals are abated by passage of time. In consequence all the appeals in AS.Nos.483 and 484 of 2016 and A.S. Nos. 796 of 2019 & 163 of 2020 are dismissed as abated.

(A.D.M.C.,J.) 02-02-2026 Index: Yes/No Speaking/Non-speaking order shl To

1. The Special Tahsildar (Land Acquisition) Xv TIDCO, Petro Chem Park, Having its Office At Nandanam, Chennai 35 The Tamil Nadu Ndustrial Development Corporation Limited Having Its Office At No.19-a,

Rukmani Lakshmipathy Road, Egmore, Chennai.

DR.A.D.MARIA CLETE J.

shl AS No. 483 of 2016, A.S.No.484 of 2016, 02-02-2026