ORDER :

C.M.P.No.10793 of 2019 is filed under Order 41 Rule 3A of the Civil Procedure Code, to condone the delay of 648 days in filing the Appeal Suit against the order passed in L.A.O.P.No.21 of 2003 dated 06.10.2017 on the file of the Subordinate Judge, Poonammallee.

A.S.Sr.No.136307 of 2019 is filed under Section 54 of the Land Acquisition Act, to set aside the decree passed in L.A.O.P.No.21 of 2003 dated 06.10.2017 on the file of the Subordinate Judge, Poonamallee.

The civil miscellaneous petition is filed to condone the delay of 648 days in filing the above appeal suit against the order passed in L.A.O.P.No.21 of 2003.

2. The only reason stated in the affidavit filed in support of the civil miscellaneous petition is that the Special Tahsildar, Land Acquisition, who filed the affidavit, joined in the office of the Special Tahsildar in September 2019 and thereafter, he has taken steps and filed an Appeal. Tahsildar, who all are holding the public office may be transferred by the Government on account of various reasons. However, such administrative transfers would not cause any infringement on the right of the claimants / landlosers, who lost their valuable lands and are waiting for just compensation. The reasons stated by the Tahsildar is not only flimsy, but shows his lackadaisical approach in dealing with the public matters.

3. Question arises, that if there is a delay in joining the office of the Special Tahsildar, whether the Tahsildar, who filed his own affidavit have got his salary delayed. The Government Authorities are expected to bear in mind that they are receiving decent amount of salary from the taxpayer’s money and thus, they are duty bound to serve in the interest of public and by protecting the rights of the citizen. When they are very much interested in protecting their service rights, they are equally accountable and responsible for protecting the right of the common citizen and more specifically, in the matter of land acquisition, where the claimants / landlosers have lost their valuable lands and are waiting for several years to get just compensation, which cannot be tolerated by Courts and more so, such a delay is occurring at the instance of the Public Authorities. Thus, these Authorities are causing infringement to the property right of the landlosers, which is a Constitutional Right. When the land is acquired for public purposes, the Government should ensure that just compensation is paid within a reasonable period of time.

4. No doubt, any party has got a right of appeal, but such right is to be exercised as per the time limit prescribed under the law of limitation and keeping the files pending for years together, would cause prejudice to the interest of the landlosers and thus, this Court is not inclined to consider the reasons stated for condoning the delay, which is not only insufficient, but also flimsy.

5. The legal principles to be followed for condoning the delay is well settled and this Court also considered the said principles in C.M.P.Nos.8358 & 8359 of 2018 in AS.SR.No.32087 of 2018 dated 09.12.2019 and the relevant paragraphs are extracted as under:

“10. In respect of said contentions, the learned counsel appearing on behalf of the respondent cited the judgment of this Court in the case of Zulaiha Syed Mohideen Vs. D.Visalakshi Ammal & Others reported in MANU/TN/2222/2013, wherein the Court made following observations;

“5. Before going into the merits of the case, first of all, it should be stated that in a case of this nature for condonation of delay, it is well settled that length of delay is not material, but the reasons stated thereof for condonation of delay. In other words, for condonation of delay, the reasons adduced must be properly pleaded, convincing and acceptable and explanation should be offered for condonation of the delay. Unless proper explanation is offered, the Courts could not exercise its discretion in the proper perspective to advance substantial justice. It is also s