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Madras High CourtCMP/8044/2024delay condoned

T.Subramaniam (Died) S.Viswanathan (Died) 1. Kokila v. Arulmigu Alavandar Charitables Mahabalipuram

2025-06-09Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2025

CORAM

THE HON'BLE MS.JUSTICE J. NISHA BANU AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN CMP Nos.

8044, 8051 & 8052 of 2024 in A.S.No.505 of 2011 T.SUBRAMANIAM (DIED) S.VISWANATHAN (DIED) 1.KOKILA : Petitioner Vs 1.ARULMIGU ALANVANDAR CHARITABLES MAHABALIPURAM REP BY ITS EXECUTIVE OFFICER AT MAHABALIPURAM AND POST CHENGALPATTU TK R.KANNIAPPAN (died) 2.K.SHANMUGAM B.KANNIAPPAN (died) 3.THE STATE OF TAMILNADU REP BY ITS DIST COLLECTOR AT KANCHEEPURAM AND POST KANCHEEPURAM CHENGAI ANNAI DIST 4.THE REVENUE DIVISONAL OFFICER

SUB COLLECTOR, CHENGALPATTU HAVING OFFICE AT CHENGALPATTU TOWN & POST CHENGALPATTU TK 5.THE TAHSILDAR HAVING OFFICE AT TALUK OFFICE CHENGALPATTU 6.K.RANIAMMAL 7.K.PARTHIBAN 8.K.DHANDAPANI 9.K.RUKMANI 10.K.VASANTHAKUMARI 11.K.RUKMANI 12.K.KAMARAJ 13.K.VARADHARAJ 14.K.SARALA 15.SELVAM 16.KALAISELVI 17.ASHOKAN 18.KARUNAKARAN 19.SHANKAR 20.RANJANI : Respondents CMP No.8044 of 2024 filed to condone the delay of 346 days in setting aside the abtement caused due to the death of the 2nd respondent R.Kanniappan CMP No.8051 of 2024 filed to bring on record respondents 6 to 10 as legal representatives of the deceased 2nd respondent and to array them as respondents 8 to 12 in the appeal suit.

CMP No.8052 of 2024 filed to set aside the abatement cause due to the death of the 2nd respondent viz., R.Kanniappan

For Petitioners :

Mr.R.Ponnusamy For Respondents :

Ms.V.Srimathy for R1 Ms.Tamilnidhi for R3 to R5 COMMON ORDER (Order of the Court was made by J.NISHA BANU, J.) These Civil Miscellaneous Petitions have been filed to condone the delay of 346 days in setting aside the abtement caused due to the death of the 2nd respondent R.Kanniappan and to bring on record respondents 6 to 10 as legal representatives of the deceased 2nd respondent and to array them as respondents 8 to 12 in the appeal suit.

2. Learned counsel for the respondent No.1 and learned Additional Government Pleader for R3 to R5 have no objection for allowing these petitions.

3.Considering the submissions made and the reasons stated in the affidavit, this Court is of the view that the delay may be condoned on payment of costs.

4. Accordingly, the delay is condoned on payment of costs of Rs.1,000/- (Rupees One Thousand only) by the petitioner to the Tamilnadu State Legal Services Authority, Chennai, on or before 06.07.2025.

5. On payment of costs, CMP Nos.8051 and 8052 of 2024 are ordered and the Registry is directed to carry out necessary amendment in AS No.505 of 2011 and post the appeal on 07.07.2025. If the costs is not

paid on or before 06.07.2025, these C.M.Ps stand dismissed without any reference to this Court.

(J.N.B, J.) (M.J.R. J.) 09.06.2025 MRN

1. The Member Secretary, Tamilnadu State Legal Services Authority, Chennai. 2.THE DIST COLLECTOR AT KANCHEEPURAM AND POST KANCHEEPURAM CHENGAI ANNAI DIST 3.THE REVENUE DIVISONAL OFFICER SUB COLLECTOR, CHENGALPATTU HAVING OFFICE AT CHENGALPATTU TOWN & POST CHENGALPATTU TK 4.THE TAHSILDAR HAVING OFFICE AT TALUK OFFICE CHENGALPATTU J.NISHA BANU, J.

AND

M.JOTHIRAMAN, J.

mrn CMP Nos.

8044, 8051 & 8052 of 2024 in A.S.No.505 of 2011 09.06.2025