Madras High Court

The Special Tahsildar [Land ... vs Rajkumar Mandradiyar on 16 April, 2025

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 16.04.2025

                                                             CORAM

                             THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                  CMP.Nos.3423, 3436, 3439, 3450, 3452 & 3455 of 2024
                                                                  &
                            AS SR Nos.39363, 39546, 39549, 39547, 39548 & 39550 of 2021


                  CMP.No.3423 of 2024 & AS.SR No.39550 of 2021

                  1. The Special Tahsildar [Land Acquisition],
                     Nallathangal Oodai Neerthekka Thittam,
                     Dharapuram.

                  2. The Revenue Divisional officer,
                     Dharapuram.                                                         ... Petitioner(s)

                                                                  Vs


                  1. Rajkumar Mandradiyar
                  2. Archan Mandradiyar
                  3. Periyaz Thirumalaisamy Gounder
                  Chinna Thirumalaisamy Gounder [Died]
                  4. Palanisamy Gounder
                  5. Karuppusamy
                  6. Balasundaram
                  7. Thirumurthy
                  8. Malaiyathal
                  9. Subramaniyam
                  10. Thirumathal
                  11. Velathal
                  12. Muthusamy
                  13. Natchimuthy
                  14. Ravi alias Ravichandran

                  1/9

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                  15. Latha                                                          ... Respondent(s)

                  CMP.No.3436 of 2024 & AS.SR No. 39548 of 2021

                  1. The Special Tahsildar [Land Acquisition],
                     Nallathangal Oodai Neerthekka Thittam,
                     Dharapuram.

                  2. The Revenue Divisional officer,
                     Dharapuram.                                                        ... Petitioner(s)


                                                              Vs
                  1. Thirumalaisamy
                  2. Vellaichamy
                  3. Aayeeammal
                  4. Krishnasamy
                  5. Valliammal
                  6. Shammugasundaram
                  7. Thirumalaisamy                                                  ... Respondent(s)

                  CMP.No.23439of 2024 & AS.SR No.39549 of 2021

                  1. The Special Tahsildar [Land Acquisition],
                     Nallathangal Oodai Neerthekka Thittam,
                     Dharapuram.

                  2. The Revenue Divisional officer,
                     Dharapuram.                                                       ... Petitioner(s)

                                                              Vs
                  1. Karuppanna Gounder
                  2. Periyanna Gounder
                  3. Muthusamy
                  4. Thangavel
                  5. Muthusamy
                  6. Palanisamy                                                      ... Respondent(s)




                  2/9

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                  CMP.No.3450 of 2024 & AS.SR No. 39363 of 2021
                  1. The Special Tahsildar [Land Acquisition],
                     Nallathangal Oodai Neerthekka Thittam,
                     Dharapuram.

                  2. The Revenue Divisional officer,
                     Dharapuram.                                                       ... Petitioner(s)


                                                              Vs
                  Nallakumar [Died]
                  1. Kandasamy
                  2. Rukmani
                  3. Shanthakumari
                  4. Anandhakumar                                                    ... Respondent(s)

                  CMP.No.3452 of 2024 & AS.SR No. 39546 of 2021

                  1. The Special Tahsildar [Land Acquisition],
                     Nallathangal Oodai Neerthekka Thittam,
                     Dharapuram.

                  2. The Revenue Divisional officer,
                     Dharapuram.                                                       ... Petitioner(s)


                                                              Vs
                  Chellaathal                                                        ... Respondent(s)

                  CMP.No.3455 of 2024 & AS.SR No. 39547 of 2021

                  1. The Special Tahsildar [Land Acquisition],
                     Nallathangal Oodai Neerthekka Thittam,
                     Dharapuram.

                  2. The Revenue Divisional officer,
                     Dharapuram.                                                       ... Petitioner(s)


                                                              Vs

                  3/9

https://www.mhc.tn.gov.in/judis            ( Uploaded on: 24/04/2025 02:21:11 pm )
                  1. Lakshmi
                  2. Nachiyappagounder
                  3. Karuppannagounder
                  4. Krishnamoorthy
                  5. Chinnathayee
                  6. Rangasamy
                  7. Chellamuthu
                  8. Veeraathal
                  9. Valliyaathal
                  10. Thirumalaisamy
                  11. Velusamy
                  12. Sivasamy
                  13. Ponathaal
                  14. Selvi
                  15. Sivagami
                  16. Parameswari
                  17. Shanmugam
                  18. Muthusamy
                  19. Kandasamy                                                         ... Respondent(s)


                  Common Prayer: Petitions filed under Order 41 Rule 3A of CPC to condone
                  the delay of 1004, 871, 508, 507, 515, 515 days respectively in filing the
                  appeal suit and under section 54 of the Land Acquisition Act as against the
                  Order passed in LAOP.No.2 of 2012, dated 12.03.2017, LAOP.No.1, dated
                  20.03.2017, LAOP.No.1 of 2007, dated 12.06.2017, LAOP.No.16 of 2009,
                  dated 21.08.2017, LAOP No.15 of 2009, dated 17.07.2017 and LAOP.NO.26
                  of 2009, dated 17.03.2017 respectively on the file of the Subordinate Court,
                  Dharapuram.

                            For Petitioners           : Mr.V.Ramesh, Government Advocate
                                                                in all CMPs. & ASs

                            For Respondents           : Mr.S.K.Kharventhan & Mr.Ponraj
                                                        for R8, 9, 11 to 15 in CMP.No.3423 2024,
                                                        for R1, 4, 6 and 7 in CMP.3436 of 2024 &
                                                        for R7, R9 to 12 in CMP.No.3455 of 2024

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                                                  COMMON ORDER

These petitions have been filed to condone the delay of 1004, 871, 508,

507, 515, 515 days respectively in the filing the appeal suit and under section

54 of the Land Acquisition Act as against the Order passed in LAOP.No.2 of

2012, dated 12.03.2017, LAOP.No.1, dated 20.03.2017, LAOP.No.1 of 2007,

dated 12.06.2017, LAOP.No.16 of 2009, dated 21.08.2017, LAOP No.15 of

2009, dated 17.07.2017 and LAOP.NO.26 of 2009, dated 17.03.2017

respectively respectively on the file of the Subordinate Court, Dharapuram.

2. The reason assigned for the delay is that the case papers have been

mixed up with other files and the same could not be traced and the delay in

filing the appeal is mainly due to delay in tracing the entire case papers and

lockdown effected due to corona virus. Except that ground, no other reasons

have been assigned in the entire affidavit. This Court is of the view that once

the matter has been decided on the settled position of law, now, the matter

cannot be re-opened based on the routine reasons assigned for condoning the

delay.

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3. Entire affidavit is bereft of any details and no explanation

whatsoever has been given to condone such a huge delay. To show liberal

approach for condoning such a huge delay, there should be atleast some

convincing reason and sufficient cause has to be shown to advance substantive

justice. Casually filing a petition to condone huge delay in filing the appeal

without any proper reasons, such huge delay cannot be condoned. A Court

granting indulgence must be satisfied that there was diligence on the part of

the appellants. When there is no sufficient cause for condoning the delay, the

said delay cannot be condoned as a matter of right.

4. In this regard it is useful to refer the judgment of the Division Bench

of this Court in State of Tamil Nadu and Ors Vs. Melvisharam Muslim

Educational Society reported in 2018 [3] CTC 420, wherein the Division

Bench of this has held as follows :

“... Though the delay is condoned by the Court normally in a liberal manner, the said approach cannot be extended mechanically without any plausible explanation. What is pitted against an ordinary litigant is also pitted against the Government before Court of law to establish a particular fact. Though the word “sufficient cause” has to be given a liberal approach, to exercise discretion for such liberal approach,

https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/04/2025 02:21:11 pm ) there must be necessary facts in the affidavit filed in support of the same. But, on a perusal of the affidavit, we do not find plausible explanation for such delay except stating that there is an administrative delay. Such vague and bald explanation cannot be accepted mechanically. When Courts are extending such liberal approach mechanically, it has become a routine affairs of the Government Departments to file the appeals against every order passed by the Court. The present day scenario in filing the appeal, challenging every order by the Government Departments, clearly exhibits shirking responsibility of the Department Heads. In fact, now the tendency has developed among the Department Heads, not to take any risk and to avoid any question relate to the litigant and only in order to avoid any query, the administrative side files these types of appeals, though there is no merit in the appeal.

5. The Court, in exercising discretion, particularly in these types of petitions, has to see the conduct, behaviour and attitude of a party relating to its inaction or negligence. The above factors are relevant to be taken into consideration as the fundamental principle is that Courts are required to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go-by in the name of liberal approach. There is an increasing tendency to perceive delay even in a non-serious matter. Hence, the delay due to nonchalant attitude should be curbed at the initial stage itself.

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6. Considering the above aspects and further the affidavit filed for condoning the delay, did not contain any details as to how the delay of 1860 days had occurred and that no plausible and proper explanation was assigned for each and every day's delay, we are of the view that it is a fit case where the discretion cannot be exercised for condonation of the delay.”

In the case on hand, the affidavits filed along with the petitions indicate that

very casual allegations have been made and the same indicate that only to

protract payment of compensation fixed by the reference Court, these appeals

have been filed with such a huge delay. Such approach is nothing but to take

away constitutional right of the parties. Hence, I do not find any merits in

these petitions.

5. Accordingly, these petitions are dismissed and un-numbered Appeal

Suits are rejected. No costs.

16.04.2025

Index : Yes/No Internet : Yes/No vrc

To,

The Subordinate Judge, Dharapuram.