Madras High CourtCMP(MD)/14347/2025allowed

The Special Tahsildar v. Lalithambal

2025-10-13Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar2 pages

CMP(MD) NO. 14347 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR CMP(MD) NO. 14347 of 2025 IN AS(MD) SR NO. 57633 OF 2025 The Special Tahsildar (Land Acquisition Officer) Kulloorsandai Reservoir Scheme, Aruppukottai Petitioner(s) Vs Lalithambal W/o. Govindarajan, No.10, Pandi vinayagar Kovil Street, South Gate, Madurai South, Madurai. and another Respondent(s) For Petitioner(s):

Mr.S.R.A.Ramachandra Additional Government Pleader For Respondent(s):

Mr.A.Sivaji for respondents Prayer:To Condone the delay of 159 days in filing the present Appeal Suit, as against the judgment and decree dated 14.08.2024 made in LAOP No.2 of 2020, on the file of the Subordinate Judge, Aruppukottai, and thus render justice.

ORDER

(Order of the Court was made by the Hon'ble C.V.KARTHIKEYAN J.) This petition has been filed to condone the delay of 159 days in filing the appeal against the award passed in L.A.O.P.No.2 of 2020, dated 14.08.2024.

2. In the affidavit filed in support of the petition, it had been contended that the certified copy of the judgment and decree was not made ready immediately and https://www.mhc.tn.gov.in/judis

thereafter, after the same had been obtained, approval had to be obtained from the higher authorities as well as the Legal opinion from the Law Officer. A.S.Nos.121 & 495 of 1989 were also pending and the description of the properties have to be verified. For all these reasons, the delay has been occurred.

3. Notice had been directed, Mr.A.Sivaji, learned counsel entered appearance for the respondents. It is contended that in similar matters, the decree by the Land Acquisition Tribunal have been confirmed by this Court. As a matter of fact, subsequently, the Land Acquisition Tribunal had passed further decree on the basis of the judgment of this Court in similar matters in A.S.No.121,495 of 1989 and 303 of 1990, which were disposed by common judgment dated 20.12.1999.

4. In view of all these factors, we would condone the delay of 159 days and the petition stands allowed.

5. Registry is directed to number the appeal suit, if it is otherwise in order.

6. Post the appeal on 06.11.2025.

(C.V.KARTHIKEYAN J.) (R.VIJAYAKUMAR J.) 13-10-2025 am https://www.mhc.tn.gov.in/judis