The Court condoned a delay of 298 days in representing civil appeals filed by the Special Tahsildar. The delay was attributed to lost case papers which were later traced. The petitions were disposed of with a direction to list the appeals for final hearing.
The delay in representing eleven appeals was condoned; Civil Miscellaneous Petitions disposed of.
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CMP.Nos.7482, 7483, 7484, 7485, 7486, 7487, 7488, 7489, 7490, 7491, 7492 and 7493 of 2020 in AS.(SR).Nos.29478, 29491, 29480, 29481, 29479, 29485, 29476, 29488, 29477, 29484, 29487, 61001 and 29486 of 2019
CMP.Nos.7482, 7483, 7484, 7485, 7486, 7487, 7488, 7489, 7490, 7491, 7492 and 7493 of 2020
in AS.(SR).Nos.29478, 29491, 29480, 29481, 29479, 29485, 29476, 29488, 29477, 29484, 29487, 61001 and 29486 of 2019
R.MAHADEVAN, J.
Today, these matters are taken up by this Court through Video Conferencing, CISCO Webex Meet, on account of the pandemic COVID-19.
2.These Civil Miscellaneous Petitions have been filed by the petitioner / Special Tahsildar, Land Acquisition Officer, Tirupattur, seeking to condone the delay of 298 days in representing the above Appeal Suits.
3.The challenge made in the appeals is to the orders dated 26.11.2015 passed by the learned Special Sub Judge, Vellore, in L.A.O.P.Nos. 761, 707, 710, 899, 735, 620, 763, 575, 762, 688, 605, and 619 of 2013 respectively.
4.It is stated by the petitioner / Special Tahsildar, Land Acquisition Officer, Tirupattur that the appeals were filed on 28.02.2019 with applications to condone the delay and the same were returned for compliance of certain defects.
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CMP.Nos.7482, 7483, 7484, 7485, 7486, 7487, 7488, 7489, 7490, 7491, 7492 and 7493 of 2020 in AS.(SR).Nos.29478, 29491, 29480, 29481, 29479, 29485, 29476, 29488, 29477, 29484, 29487, 61001 and 29486 of 2019
Since the case papers were mixed up with some other bundles in the Government Pleader office, the same could not be represented within the time stipulated by the Registry. After tracing out the papers, the appeals were represented with a delay of 298 days and hence, the delay occasioned is neither wilful nor wanton, but only due to the said reason.
5.Heard Mr.J.Balagopal, learned Special Government Pleader (AS)
appearing for the petitioners/appellants, who reiterated the reasons stated in the affidavits filed in support of these petitions.
6.Mrs.S.S.Meenakumari, learned counsel appearing for the
respondents/claimants, who has no objection for condoning the delay in representing the appeals. Further, she appealed to this Court to list these appeals for final disposal at an early date, as the respondents have not been paid compensation till date, as awarded by the Court below.
7.Considering the reasons stated in the affidavits filed in support of these petitions and being satisfied with the same, apart from recording the no objection
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CMP.Nos.7482, 7483, 7484, 7485, 7486, 7487, 7488, 7489, 7490, 7491, 7492 and 7493 of 2020 in AS.(SR).Nos.29478, 29491, 29480, 29481, 29479, 29485, 29476, 29488, 29477, 29484, 29487, 61001 and 29486 of 2019
expressed by the learned counsel for the respondents/claimants, the delay in representing the Appeals is condoned and these CMPs are ordered accordingly.
14.07.2020
Note::
Registry is directed to number the condone delay petitions, if the same are otherwise in order, and list the same for hearing on 20.07.2020, after printing the name of the learned counsel for the respondents as M/s.D.Balachander and S.S.Meenakumari.
av
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CMP.Nos.7482, 7483, 7484, 7485, 7486, 7487, 7488, 7489, 7490, 7491, 7492 and 7493 of 2020 in AS.(SR).Nos.29478, 29491, 29480, 29481, 29479, 29485, 29476, 29488, 29477, 29484, 29487, 61001 and 29486 of 2019
R.MAHADEVAN, J.
av
CMP.Nos.7482, 7483, 7484, 7485, 7486, 7487, 7488, 7489, 7490, 7491, 7492 and 7493 of 2020 in AS.(SR).Nos.29478, 29491, 29480, 29481, 29479, 29485, 29476, 29488, 29477, 29484, 29487, 61001 and 29486 of 2019
14.07.2020 (2/4)
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2 issues framed by the court
Whether the delay of 298 days in representing appeals by the Land Acquisition Officer can be condoned given the loss of case papers due to bundling error.
Whether the respondents are entitled to early listing for final disposal of the appeals as compensation remains unpaid.
Special Tahsildar, Land Acquisition Officer, Tirupattur
Claimants (Respondents)
R.MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
