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Madras High CourtCMA(MD)/1497/2025allowed

The Ramco Cements Ltd v. The Competent Authority -Cum- Special District Revenue Officer,

2026-01-07Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2026

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI The Ramco Cements Ltd., Formerly known as Madras Cements Ltd., Represented through its Senior General Manager, (Admin & Accounts), R.R.Nagar, Virudhunagar District.

... Appellant / Claimant Vs.

1.The Competent Authority cum Special District Revenue Officer, Land Acquisition (N.H.47B), Land Acquisition office, Nagercoil.

2.The National Highways Authority of India, Represented through its Project Director, Indian National Highways Board, Madurai.

3.The Arbitrator / District Collector, Tirunelveli District.

... Respondents PRAYER : Civil Miscellaneous Appeal is filed under Order XLIII Rule 1(c) of the Code of Civil Procedure against the fair and final order in I.A.No.5 of 2023 in Ar.O.P.No.79 of 2020 dated 08.08.2024 on the file of the learned Principal District Judge, Tirunelveli. 1/5

For Appellant : Mr.A.Suwathieswaran, Advocate For R1 & R3 : Mr.P.Thambi Durai, Government Advocate For R2 : Mr.SU.Srinivasan, Standing Counsel for NHAI/NCTE

JUDGMENT

This Civil Miscellaneous Appeal has been filed to set aside the fair and final order dated 08.08.2024 made in I.A.No.5 of 2023 in Ar.O.P. No.79 of 2020, on the file of the learned Principal District Judge, Tirunelveli.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The learned counsel appearing on either side submitted that the Civil Revision Petition in C.R.P.(MD)No.1984 of 2025, filed against the fair and final order dated 08.08.2024 passed in I.A.No.4 of 2023 in Ar.O.P.No.79 of 2020, had already been allowed by this Court vide order dated 21.07.2025, and that the costs imposed on the petitioner have also been paid subsequently.

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4. The learned standing counsel for the 2nd respondent and the learned Government Advocate appearing for respondent Nos.1 and 3 further submitted that they have no objection to allow this appeal.

5. Considering the facts and circumstances of the case, this Court is inclined to allow this Civil Miscellaneous Appeal. Accordingly, this Civil Miscellaneous Appeal is allowed, and the order dated 08.08.2024 passed by the learned Principal District Judge, Tirunelveli, in I.A.No.5 of 2023 in Ar.O.P.No.79 of 2020 is set aside.

6. The learned Principal District Judge, Tirunelveli, is directed to restore Ar.O.P.No.79 of 2020 to file and dispose of the same in accordance with law. No costs.

07.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No mkn 3/5

To 1.The Competent Authority cum Special District Revenue Officer, Land Acquisition (N.H.47B), Land Acquisition office, Nagercoil.

2.The National Highways Authority of India, Represented through its Project Director, Indian National Highways Board, Madurai.

3.The Arbitrator / District Collector, Tirunelveli District.

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P.VADAMALAI, J.

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