Chinthamani Ammal v. The Revenue Divisional Officer

in Rev.Appl.SR.No.63336 of 2015 S.S. SUNDAR , J.

and N. MALA, J.

[Order of the Court was made by S.S. SUNDAR, J.] This petition is filed to accept the cause title by recording the death of Mr.M.Periyasamy and rank the petitioners 6 to 8 as his legal heirs in the Review Application.

2.From the affidavit filed in support of this petition, this Court finds that Mr.M.Periyasamy has earlier filed First Appeal in A.S.No.594 of 1991, which was dismissed by judgment dated 28.07.2003. It is thereafter, a Special Leave Petition was filed before the Hon'ble Supreme Court against the judgment in A.S.No.594 of 1991 and the Hon'ble Supreme Court has dismissed the Special Leave Petition with liberty to file a Review Application before this Court.

3.It is further stated that the 5th petitioner in the Review Application, namely Mr.M.Periyasamy, died on 04.06.2013, and this fact

was not informed to their counsel immediately after the death. The 5th petitioner died leaving behind his legal representatives who are petitioners 6 to 8 herein. Now this petition is filed to accept the cause title showing petitioners 6 to 8 as legal representatives of deceased 5th petitioner Mr.M.Periyasamy. No serious prejudice is likely to be caused to the respondents.

4.Having regard to the facts stated in the affidavit filed in support of this petition, this Court, in the interests of justice, is inclined to allow this petition. Accordingly, this petition is ordered. 5.Registry is directed to number the delay petition, if the papers are otherwise in order, and post the same on 29.11.2022. (S.S.S.R., J.) (N.M., J.) 25.11.2022 mkn

S.S. SUNDAR , J.

and N. MALA, J.

mkn C.M.P.No.20406 of 2022 in Rev.Appl.SR.No.63336 of 2015

25.11.2022