V.Palani Gounder v. The Land Acquisition Officer

CMP Nos.3677, 3678, 3679 & 3686 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-12-2024

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP Nos.3677, 3678, 3679 & 3686 of 2020 IN AS SR Nos. 13191, 13193, 13190, 13192 OF 2020 C.M.P.No.3677 of 2020 V.Palani Gounder Nallaiya Goundan Pudur, S.Kardu, Lathuvadi Village, Namakkal Tk And District Petitioner Vs The Land Acquisition Officer Special Tahsildar, (land Acquisition), Veterinary College, Namakkal and another Respondent(s) C.M.P.No.3678 of 2020 P.Sengodan S/o Periya Gounder Periyaayyampalayam Nalli Palayam Vilage And Post, Namakkal Taluk And District.

Petitioner Vs The Land Acquisition Officer Special Tahsildar (land Acquisition) Veterinary College Namakkal and another Respondent(s)

C.M.P.No.3679 of 2020 KALIMUTHU Petitioner Vs The Land Acquisition Officer And Special Tahsildar, (land Acquisition), Veterinary College, Namakkal and another Respondent(s) C.M.P.No.3686 of 2020 KALIMUTHU S/o.Palappa Gounder, Nallaiyagoundanpudur, S.Karadu, Lathuvadi Village, Namakkal Taluk And District. Petitioner Vs The Land Acquisition Officer And Special Tahsildar(land Acquisition), Veterinary College, Namakkal, and 3 Others Respondent(s) Common Prayer: Civil Miscellaneous Petitions filed under Order 41 Rule 3 r/w Order 42 Rule of CPC to condone the delay of 1554 days in filing the above appeal suits before this Court.

For Petitioner(s):

M/s.Muthumani Doraisami Kandhan Duraisami For Respondents in CMP Nos.3677, 3678, and For R-1 & R-2 in CMP.No. 3686 of 2020 S.Vijayakumar

COMMON

ORDER

(Order of the Court was made by the Hon'ble R.Subramanian J.) These applications have been filed, seeking condonation of delay of 1554 days in filing the appeals.

2. The lands belonging to the petitioners were acquired for the purpose of construction of a Government Veterinary College at Namakkal. The Land Acquisition Officer has awarded a princely sum of Rs.9,756/- per acre as compensation. The petitioners sought for a reference under Section 18(1) of the Tamil Nadu Land Acquisition Act, 1894. The Subordinate Court, Namakkal, enhanced the compensation to Rs.8,570/- per cent. Aggrieved, both the beneficiary and the Land Acquisition Officer have filed appeals. The claimants/land owners have sought condonation of delay in filing the appeals.

3. The reason assigned for the delay is that the appellants in all these appeals were senior citizens and they could not undertake the travel and also make arrangements for the money for payment of Court fee, since the lands were acquired and they were paid a very meagre compensation of around Rs.9,756/- per acre.

4. We find that the reason is justifiable and acceptable. Hence, the delay in filing the appeals is condoned. The Registry is directed to number these appeals also and post all these appeals for final hearing on 09.01.2025, immediately after admissions. It is made clear that no further time would be granted under any circumstances. (R.SUBRAMANIAN J.) (C.KUMARAPPAN J.) 21-12-2024 KV