This Miscellaneous application has been filed to condone the delay of 1972 days in representing the above appeal in A.S.(MD).SR.No.37894 of 2009. The said appeal arises out of land acquisition proceedings. Earlier, this Court had noted that 13th respondent was dead and notice was to be taken to R1, R5, R9, R12, R15, R19 to R22.
2. Today, the learned Government Pleader informed the Court that with respect to acquisition of lands covered under the same notification, this Court, on an earlier occasion dismissed a similar set of appeals in A.S.Nos.587, 598, 590 of 1999, A.S.Nos.630 to 633 of 1996, A.S.Nos.619 to 622 of 1996 and A.S.Nos.252 and 254 of 1997, by order, dated 01.09.2016. Hence, nothing survives in this appeal. Even otherwise, with respect to delay in representing the appeal, it had been stated that the Officer working in the Revenue Divisional Office, Uthamapalayam was diverted to attend the bye election work for the Cumbum constituency in March, 2010 and subsequently, for electoral roll verification from June 2010 to August 2010. The delay is the subsequent period has not been explained. It has to be verified whether the delay was caused due to administrative reason.
However, the reason for the delay in representing the appeal, by the Office of the Government Advocate at High Court was that the bundle was misplaced and therefore, they filed the petition for condone the delay of 1972 days, which was represented on 05.03.2015. The reason for the delay is also not properly explained by the learned Government Advocate. Hence, this appeal also does not survive, since similar connected appeals on the same set of facts had been considered and dismissed on merits.
3. In the result, this miscellaneous petition is dismissed and this appeal is also dismissed at the SR stage itself. No Costs.
To The Subordinate Judge, Uthampalayam..