The Principal Commissioner & vs M.Arunachalam
2021 Latest Caselaw 16411 Mad

                                                           M.P.No.1 of 2012 in W.A.Sr.No.79028 of 2012

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 11.08.2021

                                                           CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                      THE HON'BLE MRS.JUSTICE S.KANNAMMAL

                                                     M.P.No.1 of 2012
                                                in W.A.Sr.No.79028 of 2012

                     1.The Principal Commissioner &
                        Commissioner of Land Reforms,
                       Chepauk, Chennai – 5.

                     2.The Competent Authority,
                       Urban Land Ceiling,
                       Poonamallee.                                        .. Petitioners/Appellants

                                                            Vs

                     1.M.Arunachalam
                     2.M.Devendran                                                   .. Respondents


                               Petition filed under Section 5 of the Limitation Act to condone the

                     delay of 648 days in filing the appeal against the order dated

                     31.08.2010 made in W.P.No.8896 of 2004.


                               For Petitioner          :      Mr.D.Ravichander,
                                                              Government Counsel

                               For Respondents         :      No appearance




                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                        M.P.No.1 of 2012 in W.A.Sr.No.79028 of 2012



                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

Seeking to condone the delay of 684 days in filing the appeal,

the present petition has been filed.

2. Though the learned Government Counsel appearing for the

petitioners submitted that the delay is on the administrative grounds,

upon perusal of the affidavit, we are not satisfied with the same.

3. The delay is not only huge but it has also not been properly

explained. Even on merit, we do not find any reason to interfere with

the order as affixture cannot be the proper mode especially when

other modes are very much available.

4. The learned Single Judge perused the records and found that

the lands are agricultural lands. Such a factual finding has not been

assailed before us. As we permit the learned Government Counsel to

make arguments on merit notwithstanding the fact that there is no

representation for the respondents on the earlier occasion and even

today, we are inclined to neither condone the delay nor reverse the

order of the learned single Judge.

https://www.mhc.tn.gov.in/judis/ M.P.No.1 of 2012 in W.A.Sr.No.79028 of 2012

5. Accordingly, this miscellaneous petition stands dismissed.

Consequently, W.A.Sr.No.79028 of 2012 stands closed. No costs.

                                                                    (M.M.S., J.)    (S.K., J.)
                                                                         11.08.2021
                     Index:Yes/No
                     mmi/ssm

https://www.mhc.tn.gov.in/judis/ M.P.No.1 of 2012 in W.A.Sr.No.79028 of 2012

M.M.SUNDRESH,J.

and S.KANNAMMAL,J.

mmi

M.P.No.1 of 2012 in W.A.Sr.No.79028 of 2012

11.08.2021

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