Mahaboolisha Begam vs The Special Tahsildar
2021 Latest Caselaw 9169 Mad

                                                                          A.S.(MD)No.196 of 2015

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                Date :07.04.2021

                                                   CORAM :

                          THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                            A.S(MD).No.196 of 2015

                 Mahaboolisha Begam                                         .. Appellant
                                                      Vs.
                 1.The Special Tahsildar
                   Office of Land Acquisition
                   Karur-Dindigul Broad Gauge
                   Unit-2, Dindigul.

                 2.P.Nalluswami

                 3.The Executive Engineer
                    Construction,
                   South Railway,
                   Madurai-10.                                             .. Respondents

                 PRAYER: Appeal Suit filed under Section 54 & 30 of Land Acquisition Act
                 r/w 96 of Civil Procedure Code, to set aside the Award in L.A.O.P.No.6 of
                 1988, dated 22.06.2015 on the file of the Principal Subordinate Court, Dindigul
                 and allow the appeal.


                            For Appellant               : Mr.M.V.Venkataseshan
                            For R1                      : Mr.J.Gunaseelan Muthiah
                            For R2                      : Mr.G.Gomathi Sankar
                            For R3                      : Mr.A.Haja Mohideen



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                                                                          A.S.(MD)No.196 of 2015


                                               JUDGMENT

Heard the learned counsel on either side.

2.This appeal is directed against the impugned award passed under

Section 30 of the Land Acquisition Act. The lands in Survey No.622/1, were

acquired for expansion of railway lines. Compensation was also determined

during award enquiry and deposited in the Court. However, dispute arose

between the appellant herein and the second respondent herein regarding

apportionment of the compensation in respect of five cents of land in Survey

No.622/1 in Vedasanthur Village. Hence, reference was made before the

reference Court. The appellant examined herself as witness. Likewise,

Nalluswamy-R2 herein also examined himself as witness. The Court below

gave a finding that five cents of land in Survey No.622/1 belonged to

Nalluswamy as evidenced by the sale deed standing in favour of Nalluswamy

and his wife. Ex.A8 is the patta in favour of Nalluswamy and his wife. On the

other hand, though the appellant had lodged a claim, the Court below has given

a specific finding that no document has been adduced in support of her claim.

3.Though the learned counsel for the appellant reiterated all the

contentions set out in the memorandum of grounds, I am of the view that the http://www.judis.nic.in

A.S.(MD)No.196 of 2015

aforesaid findings cannot really be dislodged in the absence of any acceptable

contra evidence. Therefore, the impugned award is confirmed and the appeal

suit is dismissed. No costs.

07.04.2021 Internet : Yes/No Index : Yes/No

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To

1.The Principal Subordinate Court, Dindigul.

2.The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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A.S.(MD)No.196 of 2015

G.R.SWAMINATHAN, J.

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A.S(MD).No.196 of 2015

07.04.2021

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