Madras High CourtCMP(MD)/4035/2016dismissed

The Land Acquisition Officer v. Mariammal,

2016-04-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CMP(MD) No.4035, 4036 & 4037 of 2016 IN AS(MD) No.SR12833, SR12837 & SR12844 of 2009 THE LAND ACQUISITION OFFICER AND REVENUE DIVISIONAL OFFICER, ARUPPUKOTTAI. ... PETITIONERS/PETITIONER IN ALL THE CMPS Vs 1 MARIAMMAL, 2 THE ASSISTANT EXECUTIVE ENGINEER, TAMIL NADU HOUSING BOARD, MADURAI.... RESPONDENTS IN CMP(MD) NO.4035/2016 1 KALEESWARI 2 THE ASSISTANT EXECUTIVE ENGINEER, TAMIL NADU HOUSING BOARD, MADURAI.... RESPONDENTS IN CMP(MD) NO.4036/2016

1. MAREESWARI W/O.POUNRAJ

2. CHELLAMMAL

3. MARIAMMAL

4. PANDEESWARI

5. SANKAREESWARI

6. THENMARAKANI

7. KANAGAVALLI

8. MAREESWARI D/O.LATE.RAMACHANDRAN

9. THE ASSISTANT EXECUTIVE ENGINEER, TAMIL NADU HOUSING BOARD, MADURAI.... RESPONDENTS IN CMP(MD) NO.4037/2016 PRAYER IN CMP(MD)NO.4035/2016 IN AS(MD)NO.SR.12833/2009 : Civil Miscellaneous Petition filed under section 5 of Limitation Act praying this Court to condone the delay of 2512 days in filing the petition to restore the dismissal order dated 21.04.2009 made in M.P.No.1 of 2009 in A.S.S.R.No.12833 of 2009.

PRAYER IN CMP(MD)NO.4036/2016 IN AS(MD)NO.SR.12837/2009 : Civil Miscellaneous Petition filed under section 5 of Limitation Act praying this Court to condone the delay of 2512 days in filing the petition to restore the dismissal order dated 21.04.2009 made in M.P.No.1 of 2009 in A.S.S.R.No.12837 of 2009. PRAYER IN CMP(MD)NO.4037/2016 IN AS(MD)NO.SR.12844/2009 : Civil Miscellaneous Petition filed under section 5 of Limitation Act praying this Court to condone the delay of 2512 days in filing the petition to restore the dismissal order dated 21.04.2009 made in M.P.No.1 of 2009 in A.S.S.R.No.12844 of 2009. PRAYER IN MP(MD)NO.1/2009 IN AS(MD)NO.SR.12833/2009 : Miscellaneous Petition filed under section 5 of Limitation Act praying this Court to condone the delay of 686 days in filing the above appeal.

PRAYER IN MP(MD)NO.1/2009 IN AS(MD)NO.SR.12837/2009 : Miscellaneous Petition filed under section 5 of Limitation Act praying this Court to condone the delay of 688 days in filing the above appeal.

PRAYER IN MP(MD)NO.1/2009 IN AS(MD)NO.SR.12844/2009 : Miscellaneous Petition filed under section 5 of Limitation Act praying this Court to condone the delay of 684 days in filing the above appeal.

PRAYER IN AS(MD)NO.SR12833/2009 :

Sought to be preferred to this Court against the judgment and decree dated 09/06/2006 made in L.A.O.P.No.31/2000 on the file of the Sub Court, Virudhunagar.

PRAYER IN AS(MD)NO.SR12837/2009 :

Sought to be preferred to this Court against the judgment and decree dated 09/06/2006 made in L.A.O.P.No.32/2000 on the file of the Sub Court, Virudhunagar PRAYER IN AS(MD)NO.SR12844/2009 :

Sought to be preferred to this Court against the judgment and decree dated 09/06/2006 made in L.A.O.P.No.33/2000 on the file of the Sub Court, Virudhunagar ORDER : These Civil Miscellaneous petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.K.VELMURUGAN, Government Advocate for the appellant/petitioner and of Mr.E.CHAKRAVARTHY, Advocate for respondents, the court made the following order:- Having been Satisfied with the reasons assigned in the affidavits filed in support of the Miscellaneous Petitions and also the submission made by the learned Government Advocate appearing for the petitioners and in view of no objection expressed by the learned counsel appearing for the respondents,

the present Miscellaneous Petitions are allowed and the delay of 2512 days in filing petitions to restore the dismissal order dated 21.04.2009 made in MP.Nos.1,1 and 1 of 2009 in A.S.(MD) Nos.12833, 12837 and 12844 of 2009 is condoned. sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar (C.S.) TO THE SUBORDINATE JUDGE,VIRUDHUNAGAR DISTRICT.

GJM/AN/MP/SAR-III-3p-2c ORDER DATD 21/04/2016

ORDER

IN CMP(MD) No.4035, 4036 & 4037 of 2016 IN AS(MD) No.SR12833, SR12837 AND 12844 of 2009 Giving Directions etc., as stated within.