Madras High Court
Indira vs The Special Tahsildar on 27 July, 2023
W.A.No.1870 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1870 of 2023
Indira .. Appellant
Vs.
1. The Special Tahsildar
Unit IV, Mamallapuram
Pondicherry Highway Corridor
Chengalput 603 001.
2. Elumalai .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order 19.01.2022 made in W.P.No.26727 of 2021.
For the Appellant : Mr.Naveen Kumar Murthy
For Ms.S.Varsha
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for Respondent-1
Mr.L.Dhamodaran
for Respondent-2
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A.No.1870 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.Naveen Kumar Murthy, learned counsel for
Ms.S.Varsha, learned counsel for the appellant, Mr.P.Muthukumar,
learned State Government Pleader for the first respondent and
Mr.L.Dhamodaran, learned counsel for the second respondent.
2. The second respondent filed a writ petition before the
learned Single Judge seeking a direction to deposit the award
amount/compensation in respect of the land acquired in the Court
where dispute between the parties is pending.
3. It appears that the Court, under the interim order, directed
the authority to deposit the amount in Court and thereafter, under
the final order, directed the amount to be paid in tune with the
decision given by the Court.
4. Learned counsel for the appellant submits that the second
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W.A.No.1870 of 2023
respondent had only paid about Rs.5.50 to 6.00 lakh pursuant to
the agreement. At the most, the writ petitioner would be entitled to
subject amount, if he succeeds in the suit. The compensation
amount is payable to her. So, keeping an amount of Rs.6.00 lakh,
the remaining amount may be directed to be paid to the appellant.
5. The second respondent herein/original writ petitioner had
filed a civil suit bearing O.S.No.326 of 2019 for specific performance
of contract pursuant to an agreement of sale. The second
respondent contends that he has paid an amount of Rs.60 lakh. The
agreement of sale is of the year 2009 and the acquisition
proceedings are initiated subsequently.
6. The rights of the appellant are sub judice before the Civil
Court in O.S.No.326 of 2019. The learned Single Judge has
appropriately exercised the discretion and directed the amount to be
deposited in Court and the amount may be paid in tune with the
decision in the suit.
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W.A.No.1870 of 2023
7. As the rights of the appellant are yet to be decided in the
Civil Court, the Civil Court, where O.S.No.326 of 2019 is pending,
shall disburse the amount in tune with the decision that is taken in
the said suit.
8. It is submitted that now the suit is ready for evidence.
9. Considering the nature of the dispute and that the amount
is now to be kept in fixed deposit till the pendency of the suit and
the parties are deprived of the amount, the Civil Court may
endeavour to decide the suit expeditiously. Of course, the parties
shall cooperate in the expeditious disposal of the suit.
10. With these observations, the writ petition is disposed of.
There will be no order as to costs. Consequently, C.M.P.No.16260 of
2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
27.07.2023
https://www.mhc.tn.gov.in/judis
W.A.No.1870 of 2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
To
The Special Tahsildar
Unit IV, Mamallapuram
Pondicherry Highway Corridor
Chengalput 603 001.
https://www.mhc.tn.gov.in/judis
W.A.No.1870 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.1870 of 2023
27.07.2023
https://www.mhc.tn.gov.in/judis
