The High Court of Madras dismissed the civil revision petition under Section 83 of the Tamil Nadu Land Reforms Act for non-prosecution as the learned counsel for the petitioner was absent, despite multiple hearing dates.
The CRP shall stand dismissed for non-prosecution with no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2018
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE C.R.P. (PD) No.1933 of 2003
The Director of Land Reforms,
Chepauk, Madras – 5. ...Petitioner
vs.
1. S.R.Kalisamy
2. Somasundaram
3. Rathinasamy
(R2 & 3 declared is major in
memo dated 07.01.1999)
4. The Assistant Commissioner,
(L.Ref.), Coimbatore.
5. The Land Tribunal (D.R.O.).,
Madurai, now merged with the Land
Tribunal (D.R.O) Thanjavur in LTOMA ...Respondents
Prayer: Civil Revision Petition filed under Section 83 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961, (Tamil Nadu Act 58 of 961, Sub-rule (5) of Rule 26, of the Tamil Nadu Land Reforms Special Appellate Tribunal, 1990 & Regulation 5 (VI)), to call for the records in LTCMA 11/87, enquire into the matter exercise its's Suo Motu jurisdiction and set aside the judgment in LTCMA 11/87 dt. 29.12.88 of the Land Tribunal (District Revenue Officer) Madurai.
ORDER
The learned counsel for the third respondent is present. During the previous hearing dates on 06.02.2018 and 08.02.2018, there was no representation on the side of the petitioner.
2.The first respondent is dead. The petitioner has also not taken any steps to bring the legal heirs on record for R1. This case was posted today under the caption for dismissal.
3.Since there is no representation on the side of the petitioner even today, this CRP shall stand dismissed for nonprosecution. However, there shall be no order as to costs.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
pam
To
1. The Assistant Commissioner,
(L.Ref.), Coimbatore.
2. The Land Tribunal (D.R.O.).,
Madurai now merged with the Land
Tribunal (D.R.O) Thanjavur in LTOMA
3. The Section Officer,
VR Section, High Court,
Madras-104
+1cc to Mr.E.Sampathkumar, Advocate, S.R.No.10216
C.R.P. (PD) No.1933 of 2003
SSD(CO)
CS/07/03/18
3 issues framed by the court
Whether the civil revision petition maintained under Section 83 of the Tamil Nadu Land Reforms Act shall be dismissed for non-prosecution due to lack of representation by the petitioner.
Whether legal heirs of a deceased first respondent should be brought on record before dismissal.
Whether to grant costs in a CrP dismissed for non-prosecution.
3 provisions across 3 enactments
The Director of Land Reforms
S.R. Kalisamy
Somasundaram
Rathinasamy
The Assistant Commissioner (L.Ref.), Coimbatore
The Land Tribunal (D.R.O.), Madurai
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
