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Biju Chockko Vs the Tamil Nadu Principal — Landlord and Tenant | Madras HC (2024)

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Madras HC
2024
Biju Chockko Vs the Tamil Nadu PrincipalBiju Chockko v. the Tamil Nadu Principal

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Biju Chockko v. the Tamil Nadu Principal

Madras HC18 Mar 2024CMP/53/2024

Case brief

AI extract

What is this about?

Application filed to condone a delay of 2998 days in filing an appeal against an order fixing land revenue under Section 41-A of the Tamil Nadu Registration Act, where the appeal had been dismissed for non-payment of batta. The court condoned the delay on payment of costs.

What did the court decide?

Delay of 2998 days condoned on payment of Rs.1,500/- to the High Court Legal Services Authority.

What the court decided

AI extract

Outcome

Delay of 2998 days condoned on payment of Rs.1,500/- to the High Court Legal Services Authority.

Issue for consideration

Whether the delay in filing the Court Martial Appeal (C.M.A) should be condoned?

Detailed headnote1 paragraphs

Delay of 2998 days in filing C.M.A against land revenue fixing order condoned on condition that the appellant pays Rs.1,500/- to the High Court Legal Services Authority. The dismissal for non-prosecution was attributable to a mistake by the Advocate Clerk in not paying the batta.

A compact analysis

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.

A

C.M.P.No.53 of 2024 in C.M.A.No.2639 of 2012

RMT.TEEKAA RAMAN,J.,

Heard the learned counsel appearing for the appellant.

Mr.R.Siddharth, learned Government Advocate appearing for the respondents has strongly opposed for condoning the delay and also passed in the earlier proceedings resulted in dismissal of the C.M.A for nonprosecution.

After going through the records, I find that C.M.A is against order fixing the land revenue in the Tamil Nadu Registration Act under Section 41-A and wherein the C.M.A was approached to be appeal since batta was not paid. Batta in C.M.A appears to have been dismissed for de-fault. The Advocate Clerk has committed a mistake not paying the batta.

Taking into consideration, I am inclined to condone the delay of 2998 days on condition that the the learned counsel for the appellant is directed to pay a sum of Rs.1,500/- to the High Court Legal Services Authority on or before 03.04.2024.

Accordingly, this C.M.P is allowed subject to the above condition.

Post the matter on 04.04.2024 under the caption 'for reporting compliance'.

18.03.2024

nvi

1/2 https://www.mhc.tn.gov.in/judis

RMT.TEEKAA RAMAN,J.,

nvi

C.M.P.No.53 of 2024 in C.M.A.No.2639 of 2012

18.03.2024

2/2 https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay in filing the Court Martial Appeal (C.M.A) should be condoned?

Statutes considered

1 provisions across 1 enactments

AI extract

Tamil Nadu Registration Act41-A

Parties & counsel

AI extract

appellant
Appellant
respondent
Respondents

Coram

AI extract

RMT.TEEKAA RAMAN,J.

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 18 Mar 2024 · March
Registered: 2 Jan 2024
Case no.: CMP/53/2024
CNR: HCMA012258792023
Topic: Landlord and Tenant
Bench: Rmt. Teekaa Raman
Disposal: ORDERED ON TERMS

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Cite this judgement

Biju Chockko v. the Tamil Nadu Principal, CMP/53/2024 (MAD), decided on 18 March 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Tamil Nadu Registration Act41-A

View all statutes

Bench / Coram

RMT.TEEKAA RAMAN,J.

Parties & counsel