Dismissed¶28

The Special Tahsildar(Adw) v. Gurusamy Mudaliar

Madras HC27 Jun 2025SA/1446/2003

Case brief

AI extract

What is this about?

Abatement of appeal - joint claimants / co-owners - death of respondents during pendency of Second Appeal - land acquisition compensation - Special Tahsildar (ADW), Sankarankovil v. Gurusamy Mudaliar and others - Award No.15/99-2000 dated 27.03.2000 - C.M.A.No.19 of 2000, Sub Court, Sankarankovil - Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act (Act 31 of 1978), S.13 - S.100 Civil Procedure Code, 1908 - appeal dismissed as abated against remaining co-owners, no costs - Madurai Bench of Madras High Court, R.Vijayakumar J., 27.06.2025 - S.A.No.1446 of 2003.

What did the court decide?

Since all four respondents are co-owners of the property, the Second Appeal, having been dismissed as against respondents 1 and 2, cannot be proceeded with against respondents 3 and 4. ¶23

The Special Tahsildar(Adw) Vs Gurusamy Mudaliar — Madras HC (2025) — LawSathi Research

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S.A.No.1446 of 2003

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 27.06.2025

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CORAM

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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S.A.No.1446 of 2003

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The Special Tahsildar (ADW), Sankarankovil.

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... Land Acquisition Officer/ Respondent/Appellant

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Vs.

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1.Gurusamy Mudaliar

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2.Pitchandi Mudaliar

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3.Pattammal

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4.Minor Padmalakshmi Represented by her mother and next friend, third respondent Pattammal.

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... Claimants/Appellants Respondents

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PRAYER : Second Appeal filed under Section 13 of the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act (Act 31 of 1978) r/w Section 100 of the Civil Procedure Code, 1908, against the judgment and decree, dated 29.01.2002 made in C.M.A.No.19 of 2000 on the file of the Sub Court, Sankarankovil modifying the award, dated 27.03.2000 made in award No.15/99-2000 (R.O.C.No.A.228/2000) by the Special Tahsildar (Adi Dravidar Welfare), Sankarankovil.

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1/4

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

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S.A.No.1446 of 2003

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For Appellant	: Mr.G.V.Vairam Santhosh
	Additional Government Pleader
For R-3	: Mr.George Raja
	for M/s.Ajmal Associates

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JUDGMENT

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The present Second Appeal has been filed by the Special Thasildar (ADW), Sankarankovil challenging the award of the Subordinate Judge, Sankarankovil in C.M.A.No.19 of 2000 arising out of the award passed by the Special Thasildar, Sankarankovil dated 27.03.2000.

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2. Pending Second Appeal, the first and second respondents have passed away. This Court by an order, dated 10.03.2025 has dismissed the appeal as abated as against the first respondent. This Court by an order, dated 19.06.2007 has dismissed the appeal as against the second respondent.

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3. A perusal of the records reveal that all the four respondents herein are co-owners of the property. In such circumstances, the appeal having been dismissed as against the respondents 1 and 2, cannot be proceeded as against the respondents 3 and 4.

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2/4

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

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S.A.No.1446 of 2003

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4. In view of the above said facts, this Second Appeal stands

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dismissed as abated. There shall be no order as to costs.

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27.06.2025