Madras High CourtCRP(MD)/1935/2018dismissed

The Special Tahsildar v. N.Venkatachalam

2023-08-16Honourable Mr. Justice C.Kumarappan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and CMP(MD)No.8458 & 8459 of 2018 The Special Tahsildar, Land Acquisition, Adi Dravidar Welfare Department, Srivilliputhur, Virudhunagar District.

... Petitioner/Respondent/Referring Officer in both C.R.Ps Vs.

N.Venkatachalam ... Respondent / Appellant / Claimant in C.R.P(MD)No.1935 of 2018 Velammal ... Respondent / Appellant / Claimant in C.R.P(MD)No.1935 of 2018 Prayer: Civil Revision Petitions filed under Section 13 of the Tamilnadu Acquisition of Land for Harijan Welfare Scheme Act 31 of 1987 r/w. Section 100 of the Code of Civil Procedure, against the judgment and decree dated 31.08.2017, made in C.M.A.Nos.19 & 20 of 1999, on the file of the Sub Court, Srivilliputhur, reversing the award No.5 of 1997-1998, dated 05.03.1998 on the file of the Special Tahsildar, ADW, Srivilliputtur. 1/4

(In both C.R.Ps) For Petitioner : Mr.Senthil Ayyanar Government Advocate For Respondent : Mr.S.Venkatesh COMMON ORDER Today (ie.16.08.2023), when the matters are taken up for hearing, the learned Government Advocate appearing on behalf of the revision petitioner, has made an endorsement to withdraw the Civil Revision Petitions and to convert the same as Second Appeal.

2. However, considering the practical difficulties, this Court while dismissing the Civil Revision Petitions based upon the endorsement, giving liberty to the revision petitioner herein to file Second Appeal within a period of eight weeks from the date of receipt of this order.

3. In the event of filing the Second Appeal within a period of eight weeks as indicated above, the period in which they prosecuted the Civil Revision Petitions before this Court is ordered to be excluded under Section 14 of the Limitation Act.

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4. In the result, the instant Civil Revision Petitions are dismissed with liberty to file Second Appeal as indicated above. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

NCC : Yes/No 16.08.2023 Index :Yes/No Ls To 1.The Special Tahsildar, ADW, Srivilliputtur.

The Special Tahsildar, Land Acquisition, Adi Dravidar Welfare Department, Srivilliputhur,Virudhunagar District.

2.The Sub Court, Srivilliputhur.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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C.KUMARAPPAN .,J.

Ls C.R.P(MD)Nos.1935 & 1936 of 2018 16.08.2023 4/4