Chellamal (Died) 1. Kathirvel v. The Special Tahsildar (La)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29-01-2026 CORAM THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.P.Nos. 31919, 32210,32211, 32215, 32264, 32275, 32399, 32527, 32644, 32655 of 2025 in A.S.Nos. 69, 66, 67, of 2020, 899, of 2019, 64, 445, 444, 438 & 432 of 2020 and 905 of 2019 C.M.P.No.31919 of 2023 in A.S. No.69 of 2020: Chellammal (Died)

¶1Kathirvel

¶2Amirthalingam ... Petitioners

Unit II Arasu Cements Factory, Arasu Cements Corporation, Arasu Cements Factory, ... Respondents PRAYER: Petition filed under Order 41 Rule 21 of the Code Procedure read with 151 of CPC, to set aside the Judgment and Decree dated 13.01.2020 made in A.S.No.69 of 2020 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32210 of 2025 in A.S.No.66 of 2020:

¶1Tamilarasan

¶2Vijaya Pandiayan

¶3Kanagasabai ... Petitioners

1.The Special Tahsildar, (LA), Unit – II, Arasu Cements Factory, Ariyalur. Tamil Nadu Cements Corporation Ltd., Arasu Cements Factory,

... Respondents PRAYER: Petition filed under Order 41 Rule 21 read with 151 of the Code of Civil Procedure praying to set aside the Judgment and Decree dated 13.01.2020 made in A.S.No.66 of 2020 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32211 of 2025 in A.S.No.67 of 2020:

Ramachandran Pillai (Died)

¶1Chinnapillai

¶2Varatharajan

¶3Kumaresan ... Petitioners Unit – II, Arasu Cements Factory, Ariyalur. Arasu Cements Factory, Arasu Cements Factory,

...Respondents PRAYER: Petition filed under Order 41 Rule 21 read with 151 of the Code of Civil Procedure praying to set aside the Judgment and Decree dated 13.01.2020 made in A.S.No.67 of 2020 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32215 of 2025 in A.S.No.899 of 2019: Dharmarajan ...Petitioner

1.The Special Tahsildar (LA) Unit II, Arasu Cements Factory, Ariyalur . Arasu Cements Corporation, Arasu Cements Factory, ...Respondents PRAYER: Petition filed under Order 41 Rule 21 read with 151 of the Code of Civil Procedure to set aside the Judgment and Decree dated 19.12.2019 made in A.S.No.899 of 2019 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32264 of 2025 in A.S.No.64 of 2020: Govindasamy ... Petitioner Unit – II, Tamil Nadu Cements Corporation Limited, Tamil Nadu Cements Corporation Ltd., Tamil Nadu Cements Corporation Ltd.,

... Respondents PRAYER: Petition filed under Order 41 Rule 21 read with 151 of the Code of Civil Procedure praying to set aside the Judgment and Decree dated 27.01.2020 made in A.S.No.64 of 2020 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32275 of 2025 in A.S.No.445 of 2020: Kanakkapillai ... Petitioner

1.The Special Tahsildar, (LA), Unit – II, Tamil Nadu Cements Corporation Ltd., Tamil Nadu Cements Corporation Ltd., Chennai. Tamil Nadu Cement Corporation Ltd., ... Respondents PRAYER: Petition filed under Order 41 Rule 21 read with 151 of the Code of Civil Procedure praying to set aside the Judgment and Decree dated 28.02.2020 made in A.S.No.445 of 2020 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32399 of 2025 in A.S.No.444 of 2020: Anjalai (Died)

1.Periyasamy

2.Sengamalam ...Petitioners

Unit – II, Tamil Nadu Cements Corporation Ltd., Tamil Nadu Cements Corporation Ltd., No.735, IInd Floor, LLA Building, Anna Salai, Arasu Cements Factory,

...Respondents PRAYER: Petition filed under Order 41 Rule 21 of the Code Procedure read with 151 of CPC, to set aside the Judgment and Decree dated 28.02.2020 made in A.S.No.444 of 2020 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32527 of 2025 in A.S. No.438 of 2020: Kandasamy ...Petitioner

Unit – II, Tamil Nadu Cement Corporation Ltd.,

¶2The Managing Director, Tamil Nadu Cements Corporation Ltd, Tamil Nadu Cements Corporation Ltd., .. Respondents PRAYER: Petition filed under Order 41 Rule 21 read with 151 of the Code of Civil Procedure to set aside the Judgment and Decree dated 28.02.2020 made in A.S.No.438 of 2020 on the file of this Court and re-hear the appeal on merits andpass such further or other orders as may deem fit and proper in the circumstances of the case and thus render justice. C.M.P.No.32644 of 2025 in A.S.No.432 of 2020: Kaliyaperumal(Died)

1.Selvarasu

2.Rasathi

3.Mullaiyammal

4.Anjalai ...Petitioners Unit – II, Arasu Cements Factory,

¶2The Managing Director, Tamil Nadu Arasu Cement Corporation Ltd., No.735, IInd Floor, LLA Building, Anna Salai, Chennai. Arasu Cements Factory,

...Respondents PRAYER: Petition filed under Order 41 Rule 21 of the Code Procedure read with 151 of CPC, to set aside the Judgment and Decree dated 28.02.2020 made in A.S.No.432 of 2020 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances C.M.P.No.32655 of 2025 in A.S. No.905 of 2019 Pitchaipillai ...Petitioner

Unit – II, Tamil Nadu Cements Corporation Ltd., Tamil Nadu Cements Corporation Ltd., Tamil Nadu Cements Corporation Ltd., ...Respondents

PRAYER: Petition filed under Order 41 Rule 21 read with 151 of the Code of Civil Procedure to set aside the Judgment and Decree dated 19.12.2019 made in A.S.No.905 of 2019 on the file of this Court and re-hear the appeal on merits and pass such further or other orders as may deem fit and proper in the circumstances

In all CMPs. For Petitioners : Mr.R.Gokulakrishnan, Advocate For Respondents : Mr.G.Nanmaran, Special Government Pleader for R1 Mr.A.Sivaji Standing Counsel for R2 & R3.

COMMON ORDER These Civil Miscellaneous Petitions have been filed under Order 41 Rule 21 read with Section 151 CPC seeking to set aside the following judgments and decrees :- S.No. Civil Miscellaneous Petition Nos. Appeal Suit Nos. Date of Judgment 32215/2025 899/2019

19.12.2019 32655/2025 905/2019

19.12.2019 31919/2025 69/2020

13.01.2020 32210/2025 66/2020

13.01.2020 32211/2025 67/2020

13.01.2020 32264/2025 64/2020

27.01.2020 32399/2025 444/2020

28.02.2020 32275/2025 445/2020

28.02.2020 32527/2025 438/2020

28.02.2020 32644/2025 432/2020

28.02.2020 and to restore the same for hearing on merits.

2.The petitioners, who are the respondents in the connected first appeals, have contended that no notice of hearing was ordered or served upon them before the appeals were partly allowed as exparte. They came to know of the ex parte judgments only upon subsequent enquiry with their counsel. It is their grievance that the lower court's award, which had fixed compensation at Rs. 1,200/- per acre, was modified without affording them any opportunity of hearing, resulting in grave prejudice.

3.The petitioners further state that the lands were acquired for the benefit of Arasu / Tamil Nadu Cement Factory under the Land Acquisition Act, 1894, and that the market value ought to have been fixed at Rs. 1,50,000/- per acre, based on comparable sale deeds (Ex.C1 and C2 dated 22.11.1995 and 01.12.1995) executed in favour of Ramco Cement Factory. They also rely upon a geologist's report indicating the presence of limestone deposits, which enhances the industrial potential and market value of the land.

¶4It was submitted that there was no notice issued and the delay of more than 100 days in filing the appeal by the respondent state was allowed and the appeal suits were directed to be numbered by the registry and hence the ex parte decrees passed by this court came to their knowledge only much later.

¶5On perusal of the records, It is seen that Order 41 Rule 14 of the Code of Civil Procedure has not been complied with by the Court. In such circumstances, the question of fixing a date of hearing in the appeal and issuing notice to the other side does not arise. The remedy contemplated under Order 41 Rule 21 CPC is attracted only where notice has been ordered under Rule 14 and either not duly served, or, after due service, the respondent was prevented from appearing before the Court for sufficient cause. Since in the present case no notice was ordered at all, the question of due or defective service does not arise, and consequently, Order 41 Rule 21 cannot be invoked.

¶6However, the parties cannot be left without a remedy. It is a well-established principle of law, embodied in the Latin maxim "Actus Curiae Neminem Gravabit" — meaning an act of the Court shall prejudice no man — that no litigant should suffer due to an inadvertent act or omission of the Court. In view of the same, this Court deems it appropriate to invoke its inherent powers under Section 151 CPC to recall the orders dated 19.12.2019, 13.01.2020, 27.01.2020, &

28.02.2020 passed in the respective appeals and to restore the appeals for hearing on merits after affording opportunity to both sides.

¶7When the matters were taken up for consideration, Mr.G.Nanmaran, Learned Government Pleader took notice on behalf of R1 and Mr.A.Sivaji, learned Standing Counsel took notice on behalf of R2 and R3 and opposed the petitions, contending that repeated attempts to reopen concluded appeals would protract the finality of acquisition proceedings. However, considering the admitted procedural lapse in non-issuance of notice under Order 41 Rule 14 CPC, this Court is of the view that the objections cannot override the fundamental requirement of affording a fair hearing.

¶8In the circumstances, this Court has no other option but to allow the applications. Accordingly, all these petitions are allowed and the judgments and decrees dated 19.12.2019 in A.S.Nos.905 & 899 of 2019, dated 13.01.2020 in A.S.Nos.66, 67 & 69 of 2020, dated 27.01.2020 in A.S.No.64 of 2020, dated

28.02.2020 in A.S.Nos.444, 445, 438 & 432 of 2020 are set aside and all the connected appeals are restored to file. Since the respondent side is already in appearance before this Court and Mr.G.Nanmaran, learned Special Government Pleader for R1 and Mr.A.Sivaji, Learned Standing Counsel for R2 and R3 have taken notice of all the matters, Registry is directed to list all the appeals for final hearing.

29.01.2026 Index: Yes / No Speaking Order / Non-speaking Order kkd/ay To Unit – II, Arasu Cements Factory., Arasu Cements Corporation, No.735, IInd Floor, LLA Building, Anna Salai,

DR. A.D. MARIA CLETE, J.

Ay Arasu Cements Factory,

¶4The Special Tahsildar (LA) Unit II, Tamil Nadu Cements Corporation Ltd.,

¶5The Managing Director Tamil Nadu Cement Corporation Ltd., No.735, IInd Floor, LLA Building, Anna Salai Chennai C.M.P.Nos. 31919, 32210,32211, 32215, 32264, 32275, 32399, 32527, 32644, 32655 of 2025 in A.S.Nos. 69, 66, 67, of 2020, 899, of 2019, 64, 445, 444, 438 & 432 of 2020 and 905 of 2019

6.The Deputy General Manager Tamil Nadu Cement Corporation Ltd.,

29.01.2026