This C.M.P.No.15345 of 1994 had been filed by the appellant to condone the delay of 384 days in filing the A.S.SR.No.47106 of 1993.
2.Heard, Mr.R.Velmurugan, learned Government Advocate and Mr.Mohamed Asif, learned counsel appearing for the respondents 10 to 15.
3. The said First Appeal has been filed against the judgment and decree in L.A.O.P.No.16 of 1985, dated 26.03.1992, passed by the Subordinate Court, Periyakulam.
4. With respect to the reason for delay, the In-charge, Acquisition of lands, in his affidavit stated that the order copy was made ready on 05.11.1992 and the learned Government Pleader took delivery on the very same day. However, the Land Acquisition Officer Tahsildar, took delivery of the order copy only on 04.05.1993.
5. This delay is solely due to the Office of the Special Tahsidar, Land Acquisition. It is also seen that originally the compensation was fixed on 12.09.1983 by the Acquisition Officer. In effect the parties have been litigating for the past nearly 34 years and from 1993 till date and there is yet another delay of 24 years.
6. Heard, Mr.R.Velmurugan, the learned Government Advocate who strenuously argued on behalf of the Government. However, the affidavit sworn by the Special Tahsildar, is vague. The learned counsel appearing for the respondents 10 to 15 pointed out the ex-ordinate delay in filing the appeal. In view of the attitude and lack of interest of the Government Officials, the delay cannot be condoned. Consequently, CMP(MD) No.3145 of 2017 is dismissed. No costs. Accordingly, connected A.S.SR(MD)No.13418 of 2017 is rejected, at the S.R stage itself.
To The Subordinate Judge, Subordinate Court, Periyakulam..