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2010 Supreme(Mad) 2719

G.RAJASURIA
The Executive Officer – Appellant
Versus
The Special Tahsildar – Respondent


Advocates Appeared:
For the Petitioner:R.G. Narendhiran, Advocate.
For the Respondents:R1 & R3 - Shanthi Rakkappan, Government Advocate, R4, R6 to R8 & R11 - AR.L. Sundaresan, Senior Counsel for AL. Ganthimathi, Advocate.

Judgment :-

1. Inveighing the order dated 2.7.2009 in I.A.No.59 of 2009 in LAOP No.62 of 1998 passed by the learned Subordinate Judge, Udumalpet, this Civil Revision Petition is focused.

2. Heard the learned Counsel for the Petitioner, the learned Government Advocate appearing for Respondents 1 & 13 and the learned Counsel appearing for the other Respondents.

3. A ‘resume’ of facts absolutely necessary and germane for the disposal of this Civil Revision Petition would run thus:

The First Respondent/The Special Tahsildar (ADW), Pollachi referred the matter under Section 18 of the Land Acquisition Act to the Court for adjudicating the claims made by the persons for enhancement of the compensation. During the pendency of the proceedings one of the Claimants died. But the Land Acquisition Officer did not take any steps to get the legal heirs of the deceased Claimant impleaded. Whereupon, the Court closed the LAOP. Thereafter, the Revision Petitioner herein, who also happened to be one of the Claimants filed I.A. No.59 of 2009 for re-opening the matter and to proceed with the claim. However, the lower Court passed the following order:

“2.7.2009 – This Petition is filed by one of the Cla























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