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Madras High CourtCRP/4461/2025allowed

B. Balasundaram (Died) 1.Manomani v. The Revenue Divisional Officer (L.A)

2026-04-17Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 22788 OF 2025 B. Balasundaram (died)

1. Manomani W/o V.Balu, Res at Door No.8, Auto Nagar, Edaryapalayam, Coimbatore 641 025 2.K.Vasuki W/o R.Kalaimani, Res at Door No.8, Auto Nagar, Edaryapalayam, Coimbatore 641 025 3.B.Chandrika W/o S.Udhayakumar, Res at Door No.8, Auto Nagar, Edaryapalayam, Coimbatore 641 025 4.S.Malarvizhi W/o P.Sivaraj, Res at Door No.8, Auto Nagar, Edaryapalayam, Coimbatore 641 025 ..Petitioner(s) Vs 1.The Revenue Divisional Officer (l.A) and Special Tahsildhar Town and Planning Scheme, Coimbatore 641 018 2.The Commissioner Coimbatore City Municipal Corporation, Coimbatore

3.G.Parimalam W/o Govindarajan, Door No.8, Auto Nagar, Edaryapalaym, Coimbatore 641 025 ..Respondent(s) PRAYER Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the Order dated 17.04.2025 rendered in IA.No.1 of 2024 in LAOP.No.9 of 2005 on the file of I Additional Sub court, Coimbatore For Petitioner(s):

Mr.Sam Jayaraj Houston for M/S. Sarvabhauman Associates For Respondent(s):

Mr.M.Murali Government Advocate for R1

ORDER

Challenging the impugned order passed in I.A.No.1 of 2024 in LAOP No.9 of 2005 by the learned I Additional Sub-Judge, Coimbatore, the Revision Petitioners/Claimants have preferred this Civil Revision Petition.

2. Before the trial court, the Revision Petitioners/Claimants have filed the application to entertain the additional claim statement and to file the documents, but on the objections raised on the side of Government Pleader, that application was dismissed. Aggrieved over that, they have preferred this Civil Revision Petition.

3. The learned counsel for revision petitioners/claimants would submit that before the trial court, already they have filed an application in I.A.No.489 of 2012 to contest the matter based on the Will dated 11.05.2010, thereafter, they have filed the application to entertain additional claim statement and to file

documents, but the same was dismissed by the trial judge holding that as per the new Act, they are not entitled to file such additional claim statement, since the land was acquired based on the older Act. Hence, he prayed to set aside the findings of trial judge.

4. On perusal of records, the fact reveals that as on date, the petition in LAOP.No.9 of 2025 was filed by one R.Balasundaram aggrieved over compensation awarded by the Special Tahsildar and now, pending proceedings, the said Balasundaram died on 16.05.2010 leaving behind the present claimants as his legal heirs. They have claimed that he executed a Will dated 11.05.2010 authorising them to contest the claim petition, based on that they were permitted to contest the claim petition. Now, they came forward with the said application seeking to permit them to file additional claim statement and to file documents and the same was dismissed by the trial judge.

As on date, the main LAOP is pending from the year of 2005, along with that, the trial judge ought to have taken the said application on file and to see whether they are entitled to file additional claim statement at the conclusion of proceedings, but independently, the said application was dismissed by the trial judge, which is erroneous one. Therefore, this Court is inclined to set aside the findings rendered in I.A.No.1 of 2024 in LAOP No.9 of 2005 by the I Additional Subordinate Judge, Coimbatore. The trial court is directed to dispose the petition filed in LAOP No.9 of 2005 along with application filed in I.A.No.1 of 2024 within a period of twelve weeks from the date of receipt of copy of this order.

Civil Revision Petition is disposed of. No costs. Consequently, connected civil miscellaneous petition is closed.

17-04-2026 Index: Yes/No Speaking/Non-speaking order RPP To

1. The I Additional Sub-Judge, Coimbatore.

2. The Revenue Divisional Officer (l.A) and Special Tahsildhar Town and Planning Scheme, Coimbatore 641 018

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

RPP AND CMP NO. 22788 OF 2025 17-04-2026