The Special Tahsildar vs Karuppaiah (Died)
2023 Latest Caselaw 6398 Mad

                                                                                S.A(MD).No.289 of 2023

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 16.06.2023

                                                           CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                S.A.(MD)No.289 of 2023
                                             and C.M.P(MD)No.6448 of 2023

                     The Special Tahsildar,
                     Land Acquisition Officer (ADW),
                     Paramakudi,
                     Ramanathapuram District.                       ... Appellant/Respondent

                                                             Vs.

                     1.Karuppaiah (died)
                     2.Murugesan
                     3.Mallika
                     4.Sarasu
                     5.Pandiyan
                     6.Poongothai                                   ... Respondent/Appellant

                     (RR2 to 6 are brought on record as legal heirs of the deceased sole
                     respondent, vide court order dated 25.01.2018 made in C.M.P(MD)No.
                     10522 to 10524 of 2016 in S.A.(MD)SR.No.25204 of 2011 by SSSRJ).

                     Prayer :        Second Appeal is filed under Section 100 of Code of Civil
                     Procedure, against the judgment and decree dated 15.09.2009 in
                     L.A.C.M.A. No.13 of 2001 on the file of the Sub Court, Paramakudi.


                                           For Appellant       : Mrs.S.Jeyapriya
                                                                 Government Advocate

                                           For R2 & R5         : Mr.Radhakrishnan

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https://www.mhc.tn.gov.in/judis
                                                                                     S.A(MD).No.289 of 2023



                                                         JUDGMENT

This Second Appeal has been filed challenging the judgment and

decree of the Land Acquisition Tribunal namely, the Sub Court, Paramakudi

dated 15.09.2009 passed in L.A.C.M.A.No.13 of 2001. The appellant/the

Special Tahsildar, Land Acquisition Officer (ADW), Paramakudi,

Ramanathapuram District, has challenged the valuation of the acquired

lands by the Land Acquisition Tribunal while determining the compensation

amount payable to the deceased first respondent in respect of the land

acquired from them. The acquisition of the respondent's land is the subject

matter of the 4(1) notification published in the Government Gazette on

20.12.2000.

2. The appellant has challenged the enhancement of compensation

awarded by the Land Acquisition Tribunal based on the judgment and

decree made in L.A.C.M.A.No.1 of 2002 on the ground that enhancement of

compensation is excessive.

3. It is now brought to the notice of this Court by the learned counsel

for the respondents 2 and 5 that the challenge to the judgment and decree of

https://www.mhc.tn.gov.in/judis S.A(MD).No.289 of 2023

the Land Acquisition Tribunal in L.A.C.M.A.No.1 of 2002 made by the

appellant has been rejected by this Court.

4. The said submission is not disputed by the learned Government

Advocate appearing for the appellant and therefore, the compensation

awarded by the Land Acquisition Tribunal in its judgment and decree

passed in L.A.C.M.A.No.1 of 2002 has attained finality.

5. Further, the learned counsel appearing for the respondents 2 and 5

has placed before this Court the following two judgments rendered by

learned singe Judges of this Court:

i) The judgment dated 04.04.2018 in S.A(MD)No.93 of 2004;

ii)The judgment dated 28.01.2022 in S.A(MD)No.136 of 2013.

The aforementioned judgments pertain to the very same 4(1) notification in

respect of another survey number, which has already been acquired. By

producing the said judgments, the learned counsel for the respondents 2 and

5 would submit that the award of the Land Acquisition Tribunal was upheld

by this Court. The same is also not disputed by the learned Government

Advocate appearing for the appellant.

https://www.mhc.tn.gov.in/judis S.A(MD).No.289 of 2023

6. Therefore, it is clear that there is no scope for setting aside the

judgment and decree of the Land Acquisition Tribunal which is a subject

matter of challenge in this Second Appeal.

7. For the foregoing reasons, there is no merit in this Second Appeal.

There is no substantial question of law involved for further consideration by

this Court under Section 100 C.P.C. All the contentions raised by the

appellant in this Second Appeal have been duly considered by the

Subordinate Court, Paramakudi, in accordance with law.

8. In fine, this Second Appeal is dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

16.06.2023

Index : Yes/No Internet: Yes/No CM

To

https://www.mhc.tn.gov.in/judis S.A(MD).No.289 of 2023

1.The Sub Court, Paramakudi

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

ABDUL QUDDHOSE, J.

https://www.mhc.tn.gov.in/judis S.A(MD).No.289 of 2023

CM

S.A.(MD)No.289 of 2023 and C.M.P(MD)No.6448 of 2023

16.06.2023

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