The Special Tahsildar/ Land Acquisition Officer sought condonation of a 478-day delay in representing appeals due to case papers being mixed up. The Court accepted the explanation as non-wilful and allowed the condonation.
Condonation of delay of 478 days in representing appeals and ordering Registry to number petitions and list for hearing.
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C.M.P.Nos.8232, 8234, 8235, 8239, 8240, 8243, 8245, 8246, 8247 & 8249 of 2020
in AS.(SR).Nos. 29457, 29461, 29455, 29456, 29458, 29459, 29464, 29463, 29460 & 29462 of 2019
C.M.P.Nos.8232, 8234, 8235, 8239, 8240, 8243, 8245, 8246, 8247 & 8249 of 2020
R.MAHADEVAN, J.
Today, these matters are taken up by this Court through Video Conferencing, 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 478 days in representing the above Appeal Suits.
3.The challenge made in the appeals is to the common order dated
26.11.2015 passed by the learned Special Sub Judge, Vellore, in
L.A.O.P.Nos.599, 794, 672, 784 of 2013, 81 of 2014, 595, 687, 543, 827 & 756 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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C.M.P.Nos.8232, 8234, 8235, 8239, 8240, 8243, 8245, 8246, 8247 & 8249 of 2020 in AS.(SR).Nos. 29457, 29461, 29455, 29456, 29458, 29459, 29464, 29463, 29460 & 29462 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 478 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 petitioner/appellant, who reiterated the reasons stated in the affidavits filed in support of these petitions.
6.Considering the reasons stated in the affidavits filed in support of these petitions and being satisfied with the same, the delay in representing the Appeals is condoned and these CMPs are ordered accordingly.
09.09.2020
mtl
Note::
Registry is directed to number the condone delay petitions, if the same are otherwise in order, and list the same for hearing on 14.09.2020.
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C.M.P.Nos.8232, 8234, 8235, 8239, 8240, 8243, 8245, 8246, 8247 & 8249 of 2020 in AS.(SR).Nos. 29457, 29461, 29455, 29456, 29458, 29459, 29464, 29463, 29460 & 29462 of 2019
R.MAHADEVAN, J.
mtl
C.M.P.Nos.8232, 8234, 8235, 8239, 8240, 8243, 8245, 8246,
8247 & 8249 of 2020
in
AS.(SR).Nos. 29457, 29461, 29455, 29456, 29458, 29459, 29464, 29463,
29460 & 29462 of 2019
09.09.2020
1 issue framed by the court
Whether condonation of delay of 478 days in representing appeals can be granted on account of clerical mix-up of case papers.
Special Tahsildar / Land Acquisition Officer
R.Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
