M.Ganasubramaniam (Deceased) 1.G.Pankajam v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 04.11.2024
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE P.DHANABAL CMP.Nos.21557, 21558 & 21560/2024 in WA.No.155/2022 M.Gnanasubramaniam [deceased] 1.G.Pankajam ..
Petitioner in all the petitions
Versus
1.The Secretary Housing & Urban Development Board Fort St George, Chennai 600 009.
2.The Chairman Nandanam, Chennai 600 035.
3.The Land Acquisition Officer & Special Tahsildar [Land Acquisition] Housing Development Scheme No.1, Coimbatore 641 018.
4.The Executive Engineer
Tatabad, Coimbatore 641012.
.. Respondents in all petitions Prayer in CMP.No.21557/2024:
Petition filed under Section 5 of the Limitation Act, 1963, to condone the delay of 782 days in filing the petition to set aside aside the abatement caused due to the death of the sole appellant M.Gnanasubramaniam.
Prayer in CMP.No.21558/2024:
Petition filed under Order XXII Rule 9 of CPC, 1908, to set aside the abatement caused due to the death of the sole appellant M.Gnanasubramaniam.
Prayer in CMP.No.21558/2024:
Petition filed under Order XXII Rule 3 of CPC, 1908, to bring on record the petitioner herein as the legal representative of the deceased sole appellant, M.Gnanasubramaniam. For Petitioner in all petitions :
Mr.R.Amarnath For R1 in all petitions :
Mr.A.Selvendran, Spl.GP For RR2 to 4 :
Mr.M.Arunkumar, AGP COMMON ORDER [Order of the Court was made by S.S.SUNDAR, J.,] (1) These petitions are filed to condone the delay of 782 days in filing a petition to set aside abatement caused due to the death of the sole appellant ; to set aside the abatement and to bring on record the
proposed petitioner G.Pankajam, as the legal representative of the deceased sole appellant as the appellant in WA.No.155/2024. (2) In the affidavit filed in support of the petition in CMP.No.21557/2024, the petitioner, who is the wife of the deceased sole appellant, has properly explained the delay to the satisfaction of this Court. The relationship is not in dispute. (3) Hence, CMP.Nos.21557, 21558 & 21560/2024 in WA.No.155/2022 are ordered.
(4) Registry is to carry out necessary amendment in the cause title and post the Writ Appeal for final hearing after two weeks. [SSSRJ] [PDBJ] 04.11.2024 AP Internet : Yes
To 1.The Secretary Housing & Urban Development Board Fort St George, Chennai 600 009.
2.The Chairman Nandanam, Chennai 600 035.
3.The Land Acquisition Officer & Special Tahsildar [Land Acquisition] Housing Development Scheme No.1, Coimbatore 641 018.
4.The Executive Engineer Tatabad, Coimbatore 641012.
S.S.SUNDAR, J., and P.DHANABAL, J., AP CMP.Nos.21557, 21558 & 21560/2024 IN WA.No.155/2022 04.11.2024