Madras High CourtCMP(MD)/13199/2025allowed

1. D.Palchamy (Died), 2. D.Shanmugam (Died), 3. D.Kanagaraj v. M.Anburaj

2025-09-17Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-09-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in SA(MD) NO. 638 of 2023 1.D.Palchamy (Died) 2.D.Shanmugam (Died) 3.D.Kanagaraj 4.P.Saraswathy 5.P.Soundarajan 6.Dhanalakshmi 7.Gayathiri 8.Ranjithkumar 9.Revathi @ Renuka Devi Petitioner(s) in all petitions Vs 1.M.Anburaj 2.The District Collector, Theni District.

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3.The Thasildar, Periyakulam, Theni District.

4.The Village Administrative Officer, Erumalainaikanpatty, Theni District.

5.The President, Erumalainaikanpatty Panchayat, Periyakulam, Theni District.

6.A.Muthumanickam (Died) 7.M.Raja 8.S.Kumar (Died) 9.Chelladurai 10.Murugan 11.Vijayalakshmi Respondent(s) in all petitions For Petitioner(s) in all petitions :

Mr.S.Kumar, Advocate For Respondent(s) in all petitions :

Mr.G.Ramanathan, Advocate for R1 Mr.D.S.Nedunchezian, Government Advocate for R2 to R4 Common Prayer : Civil Miscellaneous Petitions are filed to condone the delay of 487 days in filing the petition to set aside the abatement caused due to the death of the 2nd appellant, to set aside the abatement caused due to the death of the 2nd appellant, and to bring on record petitioner 2/5

Nos.6 to 9 herein as the legal representatives of the deceased 2nd appellant and rank them as appellant Nos.6 to 9 in the Second Appeal in S.A.(MD)No.638 of 2023.

COMMON ORDER These Civil Miscellaneous Petitions have been filed to condone the delay of 487 days in filing a petition to set aside the abatement caused due to the death of the 2nd appellant, to set aside the abatement caused due to the death of the 2nd appellant, and to bring on record petitioner Nos.6 to 9 herein as the legal representatives of the deceased 2nd appellant and rank them as appellant Nos.6 to 9 in the Second Appeal in S.A.(MD)No.638 of 2023.

2. Heard the learned counsel on either side, and I have perused the affidavits filed in support of these petitions.

3. The learned counsel for the 1st respondent as well as the learned Government Advocate for respondent Nos.2 to 4 have not raised any objection to allow these petitions.

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4. Being satisfied with the reasons stated in the affidavits, these Civil Miscellaneous Petitions are allowed.

17-09-2025 Note : Registry is directed to carry out necessary amendments in the appeal memorandum and list the same in the usual course. mkn 4/5

P.VADAMALAI, J.

mkn in SA(MD) NO. 638 of 2023 17.09.2025 5/5