Madras High CourtCMP(MD)/3565/2016allowed

The Special Tahsildar La) v. Periyavairavan Chettiar (Died)

2018-10-31Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Thirty First day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CMP(MD) Nos.3565 to 3567 of 2016 and MP(MD)No.1 of 2007 IN AS(MD) No.SR47006 of 2006 CMP(MD) Nos.3565 to 3567 of 2016 :

THE SPECIAL TAHSILDAR (LA) ADI DRAVIDAR WELFARE, PERIYAKULAM. ... PETITIONER/APPELLANT IN ALL THE PETITIONS Vs 1 PERIYAVAIRAVAN CHETTIAR (DIED) ... RESPONDENT/RESPONDENT IN ALL THE PETITIONS 2 KAMATCHI AMMAL 3 PERIYAKAMATCHI 4 CHINNAKAMATCHI 5 VELAMMAL 6 KUPPAMMAL 7 PAIYAMMAL ... RESPONDENT Nos.2 to 7/ PROPOSED RESPONDENTS 2 to 7/ LR's OF DECEASED 1st RESPONDENT IN ALL THE PETITIONS Prayer in CMP(MD).3565/2016 :

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 3638 days in filing the petition to set aside abatement caused due to the death of sole respondent in AS. (MD).SR.No.47006/2006 and thus render justice. Prayer in CMP(MD).3566/2016 :

To set aside the abatement caused due to the death of sole respondent in AS.(MD).SR.No.47006/2006 and thus render justice. Prayer in CMP(MD).3567/2016 :

To bring on record the respondents 2, 3, 4, 5, 6 and 7 as the legal representatives of the sole respondent and rank them as respondents 2, 3, 4, 5, 6 and 7 in AS.(MD).SR.No.47006/2006 and thus render justice.

MP(MD) No.1 of 2007 IN AS(MD) No.SR47006 of 2006: THE SPECIAL TAHSILDAR (LAND ACQUISITION), ADI-DRAVIDAR WELFARE, PERIYAKULAM. ... PETITIONER/APPELLANT Vs PERIYAVAIRAVAN CHETTIAR ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 339 days in filing the above appeal and thus render justice.

PRAYER IN AS(MD) No.SR47006 of 2006:

To prefer this Memorandum of Grounds of Regular Appeal to this Hon'ble Court against the Judgment and decree of the learned Sub judge, Sub court, Periyakulam in CMA No.7/2003 dated 13th day of June 2005. Modifying award on 21.03.93 made in Award No.7/96-97, Special Tahsildar.

ORDER : These petitions coming on for orders upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of MR.J.GUNASEELAN MUTHIAH, Additional Government Pleader for the petitioner in all the petitions and of MR.P.MUTHU VIJAYAPANDIAN, Advocate for R2 to R6 in CMP(MD) Nos.3565 to 3567 of 2016, the court made the following order:- CMP(MD)Nos.3565 to 3567 of 2016 have been filed to condone the delay of 3638 days in filing the petition to set aside the abatement caused due to the death of sole respondent and to set aside the abatement and to bring on record the proposed respondents 2 to 7 as the legal representatives of the deceased respondent. 3.The appeal has been filed by the present petitioner challenging the judgment and decree of the Land Acquisition Tribunal / Sub Court, Periyakulam in CMA.

No.7 of 2003, dated 13.06.2005. The appeal has not yet been numbered. There was a delay in filing the appeal. That application was dismissed. Thereafter, the said application has been restored. The respondents herein had filed EP.No.130 of 2005 before the Trial Court. There was no progress in the execution petition. It is mentioned in the counter affidavit that the petitioner who is the respondent in the execution petition, informed the Court about the pendency of the first appeal. It is to be mentioned that the first appeal has not yet been numbered. In the meanwhile, the sole respondent died.

4.The learned Counsel for the respondents stated that the present petitioner is dragging on the matter from the year 2006. In view of the fact that it would be only just and proper that the legal representatives of the sole respondent are impleaded as parties, since they can contest the appeal, which had been filed against them, CMP(MD) Nos.3565 to 3567 of 2016 are allowed and the Registry is directed to record the death of the sole respondent and bring on record the legal representatives as respondents 2 to 7. It is made clear that the Trial Court can proceed with the execution petition in EP.No.130 of 2005. The first appeal is only in the SR stage. It is not yet been numbered and the delay of 339 days in filing the above appeal is also condoned.

5.MP(MD) No.1 of 2007 is also allowed and the Registry is directed to number the appeal, if the papers are otherwise in order, by impleading the legal heirs of the sole respondent. sd/- 31/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE SUBORDINATE JUDGE, PERIYAKULAM.

COPY TO : THE SUB ASSISTAT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to MR.P.MUTHU VIJAYAPANDIAN, Advocate SR.No.20763 +1.CC. To THE SPECIAL GOVERNMENT PLEADER, Advocate in SR No.21245 ORDER IN CMP(MD) Nos.3565 to 3567 of 2016 and MP(MD)No.1 of 2007 IN AS(MD) No.SR47006 of 2006 Date :31/10/2018 PK/RR/SAR-2/02.11.2018 : 3P/5C