The Chairman vs Chinnadurai
2021 Latest Caselaw 21792 Mad

                                                                                  A.S.No.411 of 2016


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 29.10.2021

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                                    A.S.No.411 of 2016
                                              and CMP.Nos.9820 & 9821 of 2016

                     The Chairman,
                     Neyveli Lignite Corporation Limited,
                     Neyveli.                                           ..Appellant/3rd respondent

                                                            vs.
                     1.Chinnadurai

                     2.The Special Tahsildar(Land Acquisition)
                       Jayamkondam Lignite Power Project,
                       Jayamkondam.

                     3.The Executive Director,
                       Tamil Nadu Industrial Development
                        Corporation(TIDCO)
                       Egmore, Chennai – 600 008                                ..Respondents


                         Appeal under Section 54 of the Land Acquisition Act, 1894, to set aside
                     the Common Judgment and Decree dated 29.01.2013 passed in
                     L.A.O.P.No.774 of 2008 on the file of the Special Court No.I,
                     Jayamkondam.
                                   For Appellant     :Mr.Jayaraman
                                                      for Mr.Nithianandam

                     1/4


https://www.mhc.tn.gov.in/judis/
                                                                                        A.S.No.411 of 2016




                                    For Respondents    :M/s.King & Patridge for R3
                                                        for Mr.Mohan
                                                         Mr.Edwin Prabakar for R2
                                                         Government Advocate (CS)
                                                         No appearance for 3rd Respondent

                                                         JUDGMENT

This First Appeal is filed to set aside the judgment and decree passed

by the Special Court No.I, Jayamkondam, in the L.A.O.P.No.774 of 2008

dated 29.01.2013.

2. The learned counsel on either side have submitted that the issue

involved in this appeal is squarely covered by the Judgment of this Court,

dated 27.08.2015, made in a batch of First Appeals in A.S.Nos.233 to 239

of 2013.

3. Following the said Judgement of this Court dated 27.08.2015 made

in a batch of First Appeals in AS.Nos.233 to 239 of 2013, which was

followed by this Court in another Judgement, dated 20.12.2019 made in a

batch of First Appeals in AS.Nos.309 to 313 of 2016, this First Appeal is

allowed. The appellant is permitted to withdraw the amount, if any

https://www.mhc.tn.gov.in/judis/ A.S.No.411 of 2016

deposited, at the time of admission of the First Appeal, along with the

interest accrued. No costs. Consequently, the connected miscellaneous

petitions are closed.

29.10.2021 Index : Yes Internet: Yes Speaking Order/Non-speaking order gv

To

1.The Special Tahsildar(Land Acquisition) Jayamkondam Lignite Power Project, Jayamkondam.

2.The Executive Director, Tamil Nadu Industrial Development Corporation(TIDCO) Egmore, Chennai – 600 008

3. The Special Court No.I, Jayamkondam.

https://www.mhc.tn.gov.in/judis/ A.S.No.411 of 2016

A.A.NAKKIRAN, J.

gv

A.S.No.411 of 2016 and CMP.Nos.9820 & 9821 of 2016

29.10.2021

https://www.mhc.tn.gov.in/judis/