The Superintending Engineer vs Pachamuthu
2023 Latest Caselaw 16150 Mad

Madras High Court

The Superintending Engineer vs Pachamuthu on 11 December, 2023

Author: G.K.Ilanthiraiyan

Bench: G.K.Ilanthiraiyan

                                                                                A.S.Nos.1284 of 2013 etc


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 11.12.2023

                                                       CORAM:

                            THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                    A.S.Nos. 1284 of 2003, 1094 of 2004 & 134 of 2005

                A.S.No. 1284 of 2003

                The Superintending Engineer,
                Mettur Thermal Power Project,
                Mettur Dam.                                          ....      Appellant

                                                           Vs
                1. Pachamuthu

                2.The Land Acquisition Officer,
                  and Special Tahsildar (LA),
                Mettur Thermal Power Project,
                Mettur Dam-636 201.                                  ....      Respondents

                Prayer:- Appeal Suit filed under Section 54 of the Land Acquisition Act, to set
                aside the Judgment and Decree dated 29.02.1996 in LAOP.No.10 of 1994,
                dated 29.02.1996 on the file of the learned Sub Court, Salem.

                A.S.No. 1094 of 2004

                The Superintending Engineer,
                Mettur Thermal Power Station,
                Mettur Dam.                                          ....      Appellant

                                                           Vs


https://www.mhc.tn.gov.in/judis
                Page 1 of 5
                                                                                A.S.Nos.1284 of 2013 etc


                1. Poosari
                2. Munusi
                3. Ramasamy
                4. Marimuthu
                5. Arumugam
                6. Minor Malarkodi
                (by mother and natural guardian
                Munisi, 2nd respondent herein)

                7.The Land Acquisition Officer,
                  and Special Tahsildar (LA),
                Mettur Thermal Power Project,
                Mettur Dam-636 201.                              ....      Respondents

                Prayer:- Appeal Suit filed under Section 54 of the Land Acquisition Act, to set
                aside the Judgment and Decree dated 29.02.1996 in LAOP.No.11 of 1994,
                dated 29.02.1996 on the file of the learned Sub Court, Salem.

                A.S.No. 134 of 2005

                The Superintending Engineer,
                Mettur Thermal Power Project,
                Mettur Dam.                                      ....      Appellant

                                                      Vs

                1. Iyyavu
                2. Sengodan
                3. Periysamy (died)
                4.The Land Acquisition Officer,
                   and Special Tahsildar (LA),
                Mettur Thermal Power Project,
                Mettur Dam-636 201.

                4.Nangammal
                5.Raji

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                Page 2 of 5
                                                                                    A.S.Nos.1284 of 2013 etc


                7.Thangavel
                8.Rajendran
                9.Easwari

                [R5 to R9 are brought on record as
                LRs of the deceased 3rd respondent
                as per order datd 31.12.2002 made in
                CMP.Nos.4663 to 4665/2002 by NBVJ & SKKJ) ....                    Respondents

                Prayer:- Appeal Suit filed under Section 54 of the Land Acquisition Act, to set
                aside the Judgment and Decree dated 29.02.1996 in LAOP.No.35 of 1992,
                dated 29.02.1996 on the file of the learned Sub Court, Salem.
                                                     In all Appeal Suits
                                  For Appellant           : Mrs.Hemalatha Gajapathy

                                  For Respondents         : No appearance

                                                  COMMON JUDGMENT

These Appeal Suits have been filed as against the Judgment and

Decree dated 29.02.1996 passed in LAOP Nos. 35 of 1992 and 10 & 11 of 1994

by the Subordinate Judge, Salem, thereby enhancing the compensation in the

award passed by the Land Acquisition Officer.

2. The learned counsel appearing for the appellant would submit that

the enhanced compensation amount has already been deposited before the Trial

Court with accrued interest.

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A.S.Nos.1284 of 2013 etc

3. This Court also seen that there is no infirmity or illegality in the

award passed by the Trial Court by enhancing the compensation. That apart,

the entire enhanced compensation have been now withdrawn by the respondent.

4. Recording the said submission, all the Appeal Suits are closed.

No costs.

11.12.2023

Internet:Yes Index:Yes/No Speaking/Non speaking order Neutral Citation: Yes/No Lpp

To

1. The Sub Court, Salem.

2.The Land Acquisition Officer, and Special Tahsildar (LA), Mettur Thermal Power Project, Mettur Dam-636 201.

3. The Section Officer, V.R.Section, High Court, Madras

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A.S.Nos.1284 of 2013 etc

G.K.ILANTHIRAIYAN. J,

Lpp

A.S.Nos. 1284 of 2003, 1094 of 2004 & 134 of 2005

11.12.2023

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