The Madras High Court condoned a 336-day delay in filing appeals regarding Land Acquisition Orders, directing the petitioner to deposit the compensation amount within four weeks of the order.
Delay of 336 days in filing appeals condoned upon deposit of entire compensation amount within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Monday, the Eighteenth day of March Two Thousand Nineteen
PRESENT
The Hon`ble Mr.Justice R.PONGIAPPAN
C.M.P (MD) Nos.3542 and 3544 of 2017 in A.S (MD) Nos.SR4487 and SR4493 of 2017
THE REVENUE DIVISIONAL OFFICER KUMBAKONAM, THANJAVUR DISTRICT. ... PETITIONER/APPELLANT IN BOTH THE PETITIONS
Vs
IYYAPPAN ... RESPONDENT/CLAIMANT
in A.S (MD) No.SR4487 of 2017
KALIYAPERUMAL ... RESPONDENT/CLAIMANT in CMP(MD). 3544/ 2017 in A.S (MD) No. SR4493 of 2017
Prayer in CMP(MD). 3542/ 2017 :
To condone the delay of 336 days in filing the Appeal against the decree and judgment in LAOP.No.45 of 2002 dated 28/09/2015 on the file of the Principal Sub Judge, Kumbakonam.
Prayer in CMP(MD). 3544/ 2017 :
To condone the delay of 336 days in filing the Appeal against the decree and judgment in LAOP.No.48 of 2002 dated 28/09/2015 on the file of the Principal Sub Judge, Kumbakonam.
PRAYER IN A.S (MD) No.SR4487 of 2017:
To set aside the decree and judgment in L.A.O.P.No.45 of 2002 dated 28.09.2015 passed by the Learned Principal Sub Court, Kumbakonam allow the appeal thus render justice.
PRAYER IN A.S (MD) No. SR4493 of 2017:
To set aside the decree and judgment in L.A.O.P.No.48 of 2002 dated 28.09.2015 passed by the Learned Principal Sub Court, Kumbakonam allow the appeal thus render justice.
ORDER: These petitions coming on for orders upon perusing the https://hcservices.ecourts.gov.in/hcservices/ petitions and the affidavits filed in support thereof and upon hearing the arguments of MR.J.GUNASEELAM MUTHIAH, Government Pleader
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for the petitioner in both the petitions and of MR.T.R.SUBRAMANIAN, Advocate for the Respondent in both the petitions, the court made the following order:-
These petitions are filed to condone the delay of 336 days in filing the appeals against the decree and judgment dated 28.09.2015 passed in L.A.O.P.Nos.45 and 48 of 2002 on the file of the Principal Subordinate Judge, Kumbakonam.
2.Mr.T.R.Subramanian, learned counsel takes notice for the respondent.
3.In fact, before the trial Court L.A.O.P was disposed in the year of 2015. Hence, considering the period, the petitioner is directed to deposit the entire amount of compensation to the credit of L.A.O.P.No.45 of 2002 before the Principal Sub Court, Kumbakonam within a period of four weeks from the date of receipt of a copy of this order. Failing which, these petitions shall stand dismissed automatically without any further reference to the Court.
4.with the above said direction, these petitions are allowed.
sd/-
26/03/2019
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
THE PRINCIPAL SUBORDINATE JUDGE, KUMBAKONAM.
+2. C.C. to M/S.T.R.Subramanian, Advocate SR.No. 5087 & 5088
ORDER
IN C.M.P (MD) Nos.3542 and 3544 of 2017
in A.S (MD) Nos.SR4487 and SR4493 of 2017
JM/PN/SAR 4/02.04.2019/2P/4C
2 issues framed by the court
Whether the delay in filing appeals under L.A.O.P. Nos. 45 and 48 of 2002 can be condoned.
Whether the appellant must deposit the compensation amount to regularize the condonation.
1 provisions across 1 enactments
THE REVENUE DIVISIONAL OFFICER KUMBAKONAM
IYYAPPAN
KALIYAPERUMAL
R. PONGIAPPAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
