The Special Tahsildar (La) vs Maheswari
2023 Latest Caselaw 14889 Mad

Madras High Court

The Special Tahsildar (La) vs Maheswari on 24 November, 2023

                                                                                       A.S.No.249 of 2002




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 24.11.2023

                                                         CORAM

                                   THE HON'BLE MR. JUSTICE G.ARUL MURUGAN

                                                   A.S.No.249 of 2002

                  1.The Special Tahsildar (LA),
                    Chennai Export Processing Zone,
                    Saidapet,
                    Chennai-600 015.

                  2.The Development Commissioner,
                    MEPZ, Kadaperi, Tambaram,
                    Chennai-600 045.                                          ... Appellants

                                                           Vs.
                  1.Maheswari
                  2.Meenal                                                    ... Respondents


                  PRAYER: Appeal Suit filed under Section 54 of the Land Acquisition Act
                  against the judgment and decree in L.A.O.PNo.704 of 1987 dated
                  31.08.2000 of the Learned Subordinate Judge, Poonamallee.
                                  For Appellants     :   Mr.T.Chandrasekaran
                                                         Special Government Pleader.
                                     For   R1        :   Mr.K.Balaji
                                           R2        :   Died (Steps Due)




https://www.mhc.tn.gov.in/judis
                  1/3
                                                                                       A.S.No.249 of 2002


                                                        JUDGMENT

This appeal suit has been preferred as against the enhancement of

award passed in L.A.O.P.No.704 of 1987, dated 31.08.2000 on the file of

Subordinate Judge, Poonamallee.

2.Perusal of the record shows that the acquisition proceedings is of the

year 1985 and award has been passed, as early as in the year 1987. The

matter pertains to acquisition of 0.08 acres of land for which enhanced total

compensation of a sum of Rs.85,990.60/- has been awarded along with

interest. The second respondent in the appeal died, as early as on 27.03.1996

and till date, steps has not been taken to substitute the legal heirs of the

deceased second respondent on record. The appeal is kept pending for the

past 21 years and the appellants have not taken any steps, which shows that

they are not interested in prosecuting the appeal. Therefore, there is no

purpose in keeping the appeal pending.

3.In view of the above, this appeal suit is dismissed as abated.

24.11.2023 (2/6) dpa Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No

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

G.ARUL MURUGAN.,J.

dpa

To

1.The Subordinate Judge, Poonamallee.

24.11.2023 (2/6)

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