Madras High Court
R.Venkatraman vs The Revenue Divisional Officer on 19 October, 2022
CRP(MD)No.466 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(MD)No.466 of 2021
1.R.Venkatraman
2.R.Subramaniyan
3.R.Lakshmanan : Petitioners
Vs.
The Revenue Divisional Officer,
Land Acquisition,
Madurai Collector Office,
Madurai. : Respondent
PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil
Procedure to call for the records pertaining to the order dated 28.01.2020 passed
by the IV Additional District Court, Madurai in E.P.No.5 of 2018 in L.A.O.P.No.
57 of 1999 and set aside the same.
For Petitioners : Mr.V.P.Rajan
For Respondent : Mr.M.Sarangan
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CRP(MD)No.466 of 2021
ORDER
This revision petition is filed as against the order passed by the learned IV
Additional District Judge, Madurai, in E.P.No.5 of 2018 in L.A.O.P.No.57 of 1999
dated 28.01.2020.
2.The award in L.A.O.P. was passed on 23.11.2004, as against which, the
respondent Government has preferred an appeal in Appeal (MD) No.179 of 2009.
The same was disposed of by this Court with certain modifications, by judgment
dated 16.07.2010. Thereafter, the respondent has also deposited the amount before
the trial Court on 04.04.2013 and the petitioners have filed E.P.No.5 of 2018 on
05.07.2017 to execute the award passed in L.A.O.P.No.57 of 1999, which was
later modified in Appeal (MD) No.179 of 2009. Considering the fact that the
respondent has deposited the amount before the Court and that the petitioners have
moved the execution petition belatedly, after five years, the Execution Court
dismissed the petition. Aggrieved over the same, the petitioners have moved the
instant revision petition.
3.Today, when the matter came up for hearing, learned Counsel for the
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CRP(MD)No.466 of 2021
petitioners submitted that inadvertently they failed to file the execution petition in
time, however, they are having a right for filing the execution petition upto twelve
years and that they have filed the petition within that time. In any event, the
petitioners undertook that they will not claim any interest for the period from
05.04.2013 to 05.07.2017. An affidavit dated 12.09.2022 of the petitioners was
also filed before this Court to that effect. Their grievance is that the respondent has
deposited part amount before the trial Court, which the petitioners have also
withdrew. For depositing the remaining amount and to realize the same, the
execution petition ought to be decided on merits. Therefore, he prayed for
appropriate orders.
4.In view of the affidavit filed by the petitioners dated 12.09.2022 that they
will not claim any interest for the period from 05.04.2013 to 05.07.2017 and also
considering the fact that the petitioner is having a claim of some more amount
based on the award passed in L.A.O.P.No.57 of 1999, as modified in Appeal (MD)
No.179 of 2009, this civil revision petition is disposed of, with a direction to the
learned IV Additional District Judge, Madurai, to restore E.P.No.5 of 2018 and to
decide the quantum, which the petitioners are entitled to, after affording due
opportunities to
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CRP(MD)No.466 of 2021
B.PUGALENDHI, J.
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either parties, within a period of four months from the date of receipt of a copy of
this order. There shall be no order as to costs.
Index : Yes / No 19.10.2022
Internet : Yes
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To
1.The IV Additional District Judge,
Madurai.
2.The Revenue Divisional Officer,
Land Acquisition,
Madurai Collector Office,
Madurai.
CRP(MD)No.466 of 2021
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