Madras High Court
M.Sivakumar vs The Commissioner For Land ... on 1 February, 2022
W.P.No.29972 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.29972 of 2019
1.M.Sivakumar
2.M.Palani
3.M.Saravanan ... Petitioners
-Vs-
1.The Commissioner for Land Administration,
Government of Tamilnadu, Land
Administration Department,
Ezhilagam, Chennai
2.The District Collector,
Collectorate Complex,
Vengikkal, Tiruvannamalai
3.The District Revenue Officer,
O/o.DRO, Collectorate Complex,
Vengikkal,
Tiruvannamalai ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus directing the respondents to
consider the petitioners' representation dated 08.07.2019 requesting to deposit
the balance award amount of Rs.70,62,380/- as on September 2013 along with
subsequent interest in LAOP.No.61 of 1988 on the file of Principal
Subordinate Court, Tiruvannamalai.
For Petitioners : Mr.V.Prakash Babu
For Respondents : Mr.M.Muthusamy,
Government Advocate
https://www.mhc.tn.gov.in/judis
Page 1 of 4
W.P.No.29972 of 2019
ORDER
The Writ Petition has been filed for direction directing the respondents
to consider the petitioners' representation dated 08.07.2019 requesting to
deposit the balance award amount of Rs.70,62,380/- as on September 2013
along with subsequent interest in LAOP.No.61 of 1988 on the file of Principal
Subordinate Court, Tiruvannamalai.
2. Heard, Mr.V.Prakash Babu, the learned counsel for the petitioners,
and Mr.M.Muthusamy, Government Advocate appearing for the respondents.
3. The case of the petitioners is that the property owned by the
petitioners was acquired in the year 1987 and award was passed. The said
award was referred to the Sub Court, Tiruvannamalai for enhancement of
compensation in LAOP.No.61 of 1988. The Sub Court, Tiruvannamalai
enhanced the compensation amount at Rs.1,20,21,955/- with 30% solatium
subsequent interest at the rate of 9% per annum. Aggrieved by the same, the
respondents had preferred appeal before this Court in AS.No.1024 of 1995 and
this Court confirmed the award passed by the Sub Court, Tiruvannamalai by
the judgment and decree dated 01.02.2010. The authority concerned had
already deposited a portion of award amount to the tune of Rs.49,64,636/- and
the balance award amount has not been paid and it is pending in REP.No.43 of
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W.P.No.29972 of 2019
2014 in LAOP.No.61 of 1988. The respondents did not file counter and as
such the order of attachment made on 23.07.2019. Though in the EP
proceedings, notice was served on the respondents, order of attachment has not
been executed till today. Therefore, the petitioners made representation to the
respondents to deposit the balance award amount.
4. Considering the above, the third respondent is directed to deposit the
balance award amount as per the order passed in LAOP.No.61 of 1988 on the
file of the Principal Sub Court, Tiruvannamalai within a period of four weeks
from the date of receipt of copy of this order, if not already deposited.
5. With the above direction, this writ petition is disposed of. No order as
to costs.
01.02.2022
Internet : Yes (2/2)
Index : Yes/No
Speaking order/Non-speaking order
lok
https://www.mhc.tn.gov.in/judis
W.P.No.29972 of 2019
G.K.ILANTHIRAIYAN, J.
lok
To
1.The Commissioner for Land Administration,
Government of Tamilnadu, Land
Administration Department,
Ezhilagam, Chennai
2.The District Collector,
Collectorate Complex,
Vengikkal, Tiruvannamalai
3.The District Revenue Officer,
O/o.DRO, Collectorate Complex,
Vengikkal,
Tiruvannamalai
W.P. No.29972 of 2019
01.02.2022
https://www.mhc.tn.gov.in/judis
