← Library
Madras High CourtCMP(MD)/4915/2024allowed

The Special Thasildar (Adw) v. Thavamudaiya Thevar (Died) T.Subbammal (Died) 1.T. Karuppayee Ammal

2024-04-16Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixteenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CMP(MD) No.6959 of 2023 in SA(MD) SR No.42659 of 2023 THE SPECIAL THASILDAR (ADW) LAND ACQUISITION OFFICER, THAMARAIKULAM, PERIYAKULAM, THENI DISTRICT.

... Petitioner / Appellant Vs THAVAMUDAIYA THEVAR (DIED) T.SUBBAMMAL (DIED) 1.T. KARUPPAYEE AMMAL 2 T.THANGAM 3 T.MANI 4 T.SENTRAYAN 5 T.VANAKILI K.NACHIMUTHU THEVAR (DIED) 6 M.SOLAIAMMAL 7 M.IYYAMMAL 1/4

8 M.PALANIAMMAL 9 M.MURUGESWARI 10 M.AMARAVATHI 11 M.RAJAMANI 12 N.SEETHALAKSHMI 13 N.RAJATHI 14 N.PUSHPAVALLI 15 N.KANNAN ... Respondents / Respondents Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Restore the above CMP(MD). No.6959 of 2023 in SA(MD) SR No.42659 of 2023 on the file of this Honourable Court.

Prayer in CMP(MD). 6959/ 2023 :

To condone the delay of 2228 days in filing the above appeal against the judgment and decree passed in L.A.C.M.A.No.15 of 2008 dated 11-01-2017 on the file of the learned Sub Court, Theni.

Prayer in SA(MD) No.42659 of 2023:

To set aside the judgment and decree dated 11.01.2017 made in L.A.C.M.A.No.15 of 2008 on the file of the Learned Sub Court, Theni reversing the Award passed in ROC No.2639/95A dated 12.01.1999 and allow the above second appeal.

ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.BASKARAN, Additional Advocate General assisted by Mr.D.S.NEDUNCHEZIAN, Government Advocate (Civil) for the petitioner and of Mr.P.ATHIMOOLA PANDIAN, Advocate on behalf of the Respondent Nos.1 to 5 and 7 to 15, the Court made the following order:- 2/4

Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition stands allowed.

sd/- 16/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TM To The Subordinate Judge, Theni.

Copy to:

1.The Sub Assistant Registrar, AE Section, Madurai Bench of Madras High Court, Madurai.

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

ORDER

IN in CMP(MD) No.6959 of 2023 in SA(MD) SR No.42659 of 2023 Date :16/04/2024 3/4

ED/VR /SAR- (23/04/2024) 4P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4