The Special Tahsildar (La) v. Ellammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2020

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR A.S.No.380 of 2010 and M.P.No.1 of 2010

1. The Special Tahsildar, National Highways Department, Korattur, Tiruvallur District.

2. The Executive Engineer, National Highways Scheme (LA)., Korattur.

...Referring Officer/ Appellants .Vs.

Ellammal ...Claimant/Respondent Prayer:

First Appeal filed under Section 54 of the Land Acquisition Act, to set aside the decree passed in L.A.O.P.No.306 of 1994 dated 22.10.2003 on the file of the Additional District Court (Fast Track Court No.IV) Poonamalle. For Appellants : Mr.J.Balagopal Special Government Pleader For Respondent : No appearance

JUDGMENT

The learned Special Government Pleader fairly admitted that the respondent in the appeal died and no steps have been taken to implead the legal heirs, eventhough the death was reported long back. It is further submitted that the appellant is unable to find out the legal heirs of the deceased. 2.This Court is unable to accept the explanation of the learned Special Governmnet Pleader appearing for the Special Tahsildar for not taking steps to implead the legal heirs of the deceased.

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3.This Court does not find any justification for the long delay. The respondent died in the year of 2013 and this Court does not find any valid reason to keep this matter pending. Hence, this appeal is dismissed as abated. No Costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar Copy to

1. The Additional District Court (Fast Track Court No.IV) Poonamalle.

2. The Section officer, V.R. Section, High Court, Madras +1cc to the Spl. Government Pleader, S.R.No. 38742 A.S.No.380 of 2010 rr ii (29/12/2020) https://hcservices.ecourts.gov.in/hcservices/