Irudayaraj (Deceased), J Lourdu Mary v. The Settlement Tahsildar

C.M.P.No.29120 of 2023 in STA.Sr.No.132924 of 2023 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

Though the delay is 2839 days, the way in which the proceedings have gone before the Inam Tribunal has shocks us. The appeal is filed under Section 11(3) of the Tamil Nadu Minor Inam Abolition Act on 21.07.2013, challenged the order of the Settlement Officer dated 21.04.1970 and the respondents 1 to 7 to whom Pattas were granted by the Settlement Officers (according to the appellants without notice to them before the Tribunal) reported dead 40 years ago and 25 years ago. An Advocate was appointed as to represent the estate under Order 22, Rule 4(A) of the Code of Civil Procedure and the appeals were came to be allowed on 06.07.2015. The appellants / petitioners before us claimed to be the legal heirs of respondents 2 to 7.

2.It is rather strange that an Office of the Court has been appointed to represent the estate when the legal heirs of the deceased were available. Therefore, we accept the reasons assigned in the affidavit filed in support of the petition, this petition is allowed under the very special circumstances that exist in this case.

3.Registry is directed to number the appeal and post it for admission. (R.S.M., J.) (R.S.V., J.) 23.04.2024 kkn https://www.mhc.tn.gov.in/judis 1/2

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

KKN C.M.P.No.29120 of 2023 in STA.Sr.No.132924 of 2023 23.04.2024 https://www.mhc.tn.gov.in/judis 2/2