Nanja Edayar Farmers v. Kandasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.08.2021

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE S.A.Nos.164 and 165 of 2005 S.A.No.164 of 2005 Nanja Edayar Farmers Association, Nanjai Edayar by its President.

...Appellant / Respondent / Plaintiff vs 1.K.P.Kandaswamy (died) 2.Neduchezhian 3.Elango (R.2 and R.3 are recorded as LRs of the deceased first respondent vide order dated 15.11.2019 made in SA Nos.164 & 165 of 2005 as per Memo dated 15.11.2019).

4.The Collector rep by The Tamil Nadu Government, Salem.

5.The Tahsildar, President, Irrigation Vigilance Committee, Namakkal.

6.The Executive Engineer (PWD), Cauvery River Basin, Trichy.

7.The Chairman, TNEB, Anna Nagar, Chennai

...Respondents / Respondents /

Appellants S.A No.165 of 2005 Nanjai Edayar Agriculturists Association by its Panchayat ...Appellant / Respondent / Plaintiff vs 1.K.P.Kandasamy (deceased)

2.Elango 3.Dr.Nedunchezhian (R.2 and R.3 are recorded as LRs of the deceased first respondent vide order dated 15.11.2019 made in SA Nos.164 & 165 of 2005 as per Memo dated 15.11.2019).

4.The Assistant Engineer, TNEB, Vellur, Namakkal District.

5.The Executive Engineer, TNEB, Velur, Namakkal District.

6.The Chairman, TNEB, Anna Salai, Chennai

...Respondents / Respondents /

Appellants S.A.No.164 of 2005 :

Second Appeal filed under Section 100 of CPC against the Judgment and Decree of the learned (Additional District Judge) cum Fast Track Court No.3 at Namakkal in A.S. No.396 of 2002 dated 12.03.2004 in reversing the judgment and decree of the learned District Judicial Magistrate, Paramathi in O.S. No.63 of 1995 dated 28.10.1997.

S.A No.165 of 2005 :

Second Appeal filed under Section 100 of CPC against the Judgment and Decree of the learned (Additional District Judge) cum Fast Track Court No.3 at Namakkal in A.S. No.408 of 2002 dated 12.03.2004 in reversing the judgment and decree of the learned District Munsif cum Judicial Magistrate, Paramathi in O.S. No.36 of 1995 dated 28.10.1997.

For Appellant in both the appeals : No Appearance For R1 in both the appeals : Died For R2 & R3 in both the appeals : Mr.T.Sathiyamoorthy S.A.No.164/2005 For R4 & R5 : Dr.S.Suriya, Govt. Advocate For R6 & R7 : M/s.Hemalatha Gajapathy S.A.No.165/2005 For R4 to R6 : M/s.Hemalatha Gajapathy

COMMON JUDGMENT The matter is listed under the caption "for dismissal" today. There is no representation on the side of the appellant today.

2. Learned counsel for the respondents 2 and 3 have already filed their written submissions.

3. Even on the last hearing date i.e., on 19.07.2021, this Court recorded the fact that the learned counsel for the appellant has been seeking repeated adjournments in this matter.

4. Second Appeals are of the year 2005. There is no representation on the side of the appellant. Therefore, it can now be inferred that the appellant is not interested to prosecute these Second Appeals. Accordingly, the Second Appeals are dismissed for non prosecution. No costs. Sd/- Assistant Registrar (CS-IX) // True Copy // Sub Assistant Registrar sr To 1.The Additional District Judge cum Fast Track Court No.3 at Namakkal.

2.The District Munsif cum Judicial Magistrate, Paramathi. Copy To :

The Section Officer, V.R.Section, High Court, Madras.

+1cc to Mr.Y.Jyothish Chander, Advocate SR.No.38769 +2cc to M/s.Hemalatha Gajapathy, Advocate SR.No.39021 & 39022 +1cc to the Special Government Pleader(CS) SR.No.39150 S.A.Nos.164 and 165 of 2005 GSM(CO) RVM(25/08/2021)