The Special Tahsildar vs N.Venkatachalam
2023 Latest Caselaw 10547 Mad

                                                                     C.R.P.(MD)Nos.1935 & 1936 of 2018

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Dated : 16.08.2023

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

                                         C.R.P.(MD)Nos.1935 & 1936 of 2018
                                                        and
                                          CMP(MD)No.8458 & 8459 of 2018
                   The Special Tahsildar,
                   Land Acquisition,
                   Adi Dravidar Welfare Department,
                   Srivilliputhur,
                   Virudhunagar District.          ... Petitioner/Respondent/Referring Officer
                                                                      in both C.R.Ps
                                                    Vs.
                   N.Venkatachalam                 ... Respondent / Appellant / Claimant
                                                            in C.R.P(MD)No.1935 of 2018
                   Velammal                        ... Respondent / Appellant / Claimant
                                                            in C.R.P(MD)No.1935 of 2018


                   Prayer: Civil Revision Petitions filed under Section 13 of the Tamilnadu
                   Acquisition of Land for Harijan Welfare Scheme Act 31 of 1987 r/w.
                   Section 100 of the Code of Civil Procedure, against the judgment and
                   decree dated 31.08.2017, made in C.M.A.Nos.19 & 20 of 1999, on the file
                   of the Sub Court, Srivilliputhur, reversing the award No.5 of 1997-1998,
                   dated 05.03.1998 on the file of the Special Tahsildar, ADW, Srivilliputtur.

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https://www.mhc.tn.gov.in/judis
                                                                         C.R.P.(MD)Nos.1935 & 1936 of 2018

                                  (In both C.R.Ps)
                                  For Petitioner      : Mr.Senthil Ayyanar
                                                        Government Advocate

                                  For Respondent      : Mr.S.Venkatesh


                                                     COMMON ORDER


                                  Today (ie.16.08.2023), when the matters are taken up for hearing,

                   the learned Government Advocate appearing on behalf of the revision

                   petitioner, has made an endorsement to withdraw the Civil Revision

                   Petitions and to convert the same as Second Appeal.



                                  2. However, considering the practical difficulties, this Court

                   while dismissing the Civil Revision Petitions based upon the endorsement,

                   giving liberty to the revision petitioner herein to file Second Appeal within

                   a period of eight weeks from the date of receipt of this order.



                                  3. In the event of filing the Second Appeal within a period of

                   eight weeks as indicated above, the period in which they prosecuted the

                   Civil Revision Petitions before this Court is ordered to be excluded under

                   Section 14 of the Limitation Act.


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                                                                          C.R.P.(MD)Nos.1935 & 1936 of 2018




                                  4. In the result, the instant Civil Revision Petitions are dismissed

                   with liberty to file Second Appeal as indicated above. There shall be no

                   order as to costs. Consequently, connected Miscellaneous Petitions are

                   closed.


                   NCC            : Yes/No                                             16.08.2023
                   Index          :Yes/No
                   Ls




                   To

                   1.The Special Tahsildar,
                       ADW, Srivilliputtur.
                   The Special Tahsildar,
                   Land Acquisition,
                   Adi Dravidar Welfare Department,
                   Srivilliputhur,Virudhunagar District.
                   2.The Sub Court,
                      Srivilliputhur.
                   3. The Section Officer,
                      VR Section,
                      Madurai Bench of Madras High Court,
                      Madurai.

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                                           C.R.P.(MD)Nos.1935 & 1936 of 2018




                                               C.KUMARAPPAN.,J.

Ls

C.R.P(MD)Nos.1935 & 1936 of 2018

16.08.2023

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