Cohen applications to condone delay of 333 days in representing appeals due to clerical error (bundling mix-up). Petitioner satisfied impediments. Respondents assented. Delays condoned; CMPs disposed of order.
Condoned delay of 333 days in representing appeals; CMPs disposed of.
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CMP.Nos.7501, 7502, 7503, 7504, 7505, 7506, 7507, 7510, 7517 and 7544 of 2020 in AS.(SR).Nos.29465, 29473, 29494, 29470, 29472, 29467, 29466, 29468, 29469 and 29471 of 2019
CMP.Nos.7501, 7502, 7503, 7504, 7505, 7506, 7507, 7510, 7517 and 7544 of 2020
in
AS.(SR).Nos.29465, 29473, 29494, 29470, 29472, 29467, 29466, 29468, 29469 and 29471 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 333 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. 890, 755,
770, 814, 805, 932, 840, 834, 812 of 2013 and 71 of 2014 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.
1/4
CMP.Nos.7501, 7502, 7503, 7504, 7505, 7506, 7507, 7510, 7517 and 7544 of 2020 in AS.(SR).Nos.29465, 29473, 29494, 29470, 29472, 29467, 29466, 29468, 29469 and 29471 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 333 days and hence, the delay occasioned is neither wilful nor wanton, but only due to the said reason.
appearing for the petitioner/appellant, who reiterated the reasons stated in the
affidavits filed in support of these petitions.
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
2/4
CMP.Nos.7501, 7502, 7503, 7504, 7505, 7506, 7507, 7510, 7517 and 7544 of 2020 in AS.(SR).Nos.29465, 29473, 29494, 29470, 29472, 29467, 29466, 29468, 29469 and 29471 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
CMP.Nos.7501, 7502, 7503, 7504, 7505, 7506, 7507, 7510, 7517 and 7544 of 2020 in AS.(SR).Nos.29465, 29473, 29494, 29470, 29472, 29467, 29466, 29468, 29469 and 29471 of 2019
R.MAHADEVAN, J.
av
CMP.Nos.7501, 7502, 7503, 7504, 7505, 7506, 7507, 7510, 7517
and 7544 of 2020
in
AS.(SR).Nos.29465, 29473, 29494, 29470, 29472, 29467, 29466, 29468, 29469
and 29471 of 2019
14.07.2020
(3/4)
1 issue framed by the court
Whether the delay of 333 days in representing appeals, caused by clerical error (mixed-up papers), warrants condonation.
Special Tahsildar, Land Acquisition Officer, Tirupattur
Unnamed Individually
R.MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
