← Library
Madras High CourtSA/1446/2003dismissed as abated

The Special Tahsildar(Adw) v. Gurusamy Mudaliar,

2025-06-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR The Special Tahsildar (ADW), Sankarankovil.

... Land Acquisition Officer/ Respondent/Appellant Vs.

1.Gurusamy Mudaliar 2.Pitchandi Mudaliar 3.Pattammal 4.Minor Padmalakshmi Represented by her mother and next friend, third respondent Pattammal.

... Claimants/Appellants Respondents PRAYER : Second Appeal filed under Section 13 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act (Act 31 of 1978) r/w Section 100 of the Civil Procedure Code, 1908, against the judgment and decree, dated 29.01.2002 made in C.M.A.No.19 of 2000 on the file of the Sub Court, Sankarankovil modifying the award, dated 27.03.2000 made in award No.15/99-2000 (R.O.C.No.A.228/2000) by the Special Tahsildar (Adi Dravidar Welfare), Sankarankovil. 1/4

For Appellant : Mr.G.V.Vairam Santhosh Additional Government Pleader For R-3 : Mr.George Raja for M/s.Ajmal Associates

JUDGMENT

The present Second Appeal has been filed by the Special Thasildar (ADW), Sankarankovil challenging the award of the Subordinate Judge, Sankarankovil in C.M.A.No.19 of 2000 arising out of the award passed by the Special Thasildar, Sankarankovil dated 27.03.2000.

2. Pending Second Appeal, the first and second respondents have passed away. This Court by an order, dated 10.03.2025 has dismissed the appeal as abated as against the first respondent. This Court by an order, dated 19.06.2007 has dismissed the appeal as against the second respondent.

3. A perusal of the records reveal that all the four respondents herein are co-owners of the property. In such circumstances, the appeal having been dismissed as against the respondents 1 and 2, cannot be proceeded as against the respondents 3 and 4. 2/4

4. In view of the above said facts, this Second Appeal stands dismissed as abated. There shall be no order as to costs. 27.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes BTR To 1.The Sub Court, Sankarankovil.

2.The Special Tahsildar (Adi Dravidar Welfare), Sankarankovil.

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

3/4

R.VIJAYAKUMAR, J.

BTR Judgment made in Dated:

27.06.2025 4/4