Special Tahsildar vs T.Ranganayaki
2023 Latest Caselaw 15974 Mad

Madras High Court

Special Tahsildar vs T.Ranganayaki on 8 December, 2023

                                                                                    A.S.No.232 of 2011




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 08.12.2023

                                                            CORAM

                                   THE HON'BLE MR. JUSTICE G.ARUL MURUGAN

                                                   A.S.No.232 of 2011 and
                                                      M.P.No.1 of 2011

                  Special Tahsildar,
                  Land Acquisition Officer,
                  Tamil Nadu Housing Scheme,
                  Gundusalai, Cuddalore.                                      ... Appellant

                                                             Vs.



                  1.T.Ranganayaki
                  2.Tamil Nadu Housing Board,
                    Rep. By its Executive Engineer and
                        Administration Officer,
                    Villupuram Housing Unit,
                    Villupuram.                              ... Respondents
                    nd
                  (2 respondent impleaded as party respondent
                  vide order of the Court dated 23.06.2010 made
                  in MP.2 of 2010).


                  PRAYER: Appeal Suit filed under Section 54 of the Land Acquisition Act,
                  pleased to set aside the Decree passed in LAOP.No.112 of 2002 dated
                  11.09.2008 on the file of I Additional Sub Court, Villupuram.
                                   For Appellant        :    Mr.T.Chandrasekaran, Spl.G.P.
https://www.mhc.tn.gov.in/judis
                  1/5
                                                                                     A.S.No.232 of 2011


                                  For Respondents :       Not ready in notice

                                                    JUDGMENT

This Appeal is filed against the decree passed in LAOP No.112 of

2002 dated 11.09.2008 on the file of the I Additional Sub Court, Villupuram.

On perusal of the records, it reveals that in respect of the land acquisition to

an extent of 5,385 sq.ft of land, enhanced compensation of Rs.95,853/- has

been awarded along with interest. The land acquisition proceedings is of the

year 1991 and the award was passed in 2008. Even though, the appeal was

filed and admitted in the year 2011, till date the service on the respondents

has not been effected.

2. Earlier, this Court by order dated 17.02.2022, granted one week

time for the appellant to pay batta for respondents and also ordered private

notice. Again by order dated 09.11.2023, this Court granted two weeks to

the appellant to pay batta for respondents and also permitted the appellant to

take private notice.

3. Today, when the matter is listed before this Court, it is seen that

batta is yet to be paid and no steps have been taken to serve notice on the

respondents. For the past 12 years, there has been no progress on the side of

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

the appellant to take steps to serve notice on the respondents and the appeal

is kept pending for long time. Thus, it is evident that the appellant is not

interested in prosecuting the appeal.

4. In view of the above, this Appeal suit is dismissed for default.

Consequently, connected Miscellaneous Petition is closed.

08.12.2023

drl

Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No

To

1.The I Additional Sub Court, Villupuram.

2.The Special Tahsildar, Land Acquisition Officer, Tamil Nadu Housing Scheme, Gundusalai, Cuddalore.

3.Tamil Nadu Housing Board, Rep. by its Executive Engineer and Administration Officer, Villupuram Housing Unit, Villupuram.

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

4.The Section Officer, VR Section, High Court of Madras.

G.ARUL MURUGAN.,J.

drl

A.S.No.232 of 2011 and

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

08.12.2023

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