The Special Tahsildar (La) vs Narayanasamy
2023 Latest Caselaw 14897 Mad

Madras High Court

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

                                                                                A.S.No.443 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.443 of 2002
                                                      and
                                             C.M.P.No.2123 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.Narayanasamy
                  2.Minor Vimala
                  3.Minor Deepa
                  4.Minor Anuradha
                  Minors respresented by Guardian Narayanasamy, R1
                                                                              ... Respondents
                  PRAYER: Appeal Suit filed under Section 54 of the Land Acquisition Act
                  against the judgment and decree in L.A.O.PNo.500 of 1987 dated
                  31.08.2000 of the Learned Subordinate Judge, Poonamallee.

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                                                                                         A.S.No.443 of 2002




                                  For Appellants      :   Mr.T.Chandrasekaran
                                                          Special Government Pleader.

                                  For Respondent     :    R1 Died
                                                          Steps due regarding R2 to R4
                                                          No appearance.

                                                       JUDGMENT

This appeal suit has been preferred as against the enhancement of

award passed in L.A.O.P.No.500 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 1986. The matter pertains to acquisition of 0.59 acres of land for which

enhanced total compensation of a sum of Rs.4,50,910.15/- has been awarded

along with interest. The first respondent in the appeal died and till date no

steps have been taken to substitute the legal heirs of the deceased first

respondent. 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.

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

abated. Consequently, connected miscellaneous petition is closed.

24.11.2023 (5/6) dpa Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No

To

1.The Subordinate Judge, Poonamallee.

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

G.ARUL MURUGAN.,J.

dpa

and

24.11.2023 (5/6)

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