Madras High CourtCMP(MD)/929/2021dismissed as infructuous

The Defence Estates Officer v. Manickam

2022-06-24Honourable Mr Justice P. Velmurugan2 pages

CMP(MD). No.929 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Fourth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice P.VELMURUGAN CMP(MD)No.929 of 2021 in AS(MD)No.198 of 2006 The Defence Estates Officer, Madras Circle, 306, Anna Salai, Teynampet, Chennai-18.

... Petitioner/Appellant Vs 1.Manickam 2.The Special Tahsildar (L.A), Unit III Air Force Station, Thanjavur.

... Respondents/Respondents Prayer in CMP(MD)No.929 of 2021 :- Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, to condone the delay of 709 days in filing the restoration petition in A.S.No.198 of 2006 dismissed for non prosecution on 24.01.2019 as far as 2nd respondent is concerned and thereby render justice.

Prayer in AS(MD)No.198 of 2006:- Appeal Suit filed under Section 54 of the Land Acquisition Act against the Judgment and Decree of the learned Additional Subordinate Judge and Fast Track Court No.I, Thanjavur in LAOP.No.404 of 1997 dated 25.04.2005. ORDER:- This Civil Miscellaneous Petition 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.R.Laxman, Advocate for the Petitioner and of Mr.P.Subramaniam, Advocate for the 1st Respondent, this Court made the following order:- The Appeal Suit was already dismissed on 24.01.2019. The said dismissal order was set aside and the appeal also restored on file, by order dated 12.02.2021. Subsequently, on the same day, the main appeal was disposed of as infructuous.

2.Now, the present Civil Miscellaneous Petition is filed to condone the delay in filing the restoration petition in A.S(MD) https://www.mhc.tn.gov.in/judis 1/2

CMP(MD). No.929 of 2021 No.198 of 2006, which was dismissed for non-prosecution on 24.01.2019, which clearly shows that the learned counsel for the petitioner has not followed the case properly and he has simply filed this frivolous application and the Registry has also without verifying the date of the dismissal, taken this petition on file. This petition is pending from 2021 without any purpose. This is how, the Registry is functioning. Therefore, the Registry is directed not to adopt these type of frivolous procedures. 3.Accordingly, this Civil Miscellaneous Petition stands dismissed as unnecessary.

Sd/- Assistant Registrar(CS-I) // True Copy // /07/2022 Sub Assistant Registrar(CS) TO The Additional Subordinate Judge, Fast Track Court No.I,Thanjavur.

Copy to:

1.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

2. The Sub Assistant Registrar, (AE), Madurai Bench of Madras High Court, Madurai 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurlai.

4.The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurlai.

ORDER DATED : 24/06/2022 ==========================

ORDER

========================== CMP(MD)No.929 of 2021 in AS(MD)No.198 of 2006 Giving direction and etc.

as stated within.

KB(01.07.2022) 2P 7C https://www.mhc.tn.gov.in/judis 2/2