Madras High Court
The Manager vs A.Esakki Mudaliyar on 27 March, 2023
W.A.(MD)No.418 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN
W.A.(MD)No.418 of 2013
and M.P.(MD)Nos.1 to 3 of 2013
The Manager,
Leitner Shiram Manufacturing Ltd.,
Thiyagarajanagar,
Tirunelveli. ... Appellant
Vs.
1.A.Esakki Mudaliyar
2.The District Collector,
Tirunelveli District,
Tirunelveli.
3.The Superintendent Engineer,
Wind Farm Project,
Tirunelveli.
4.The Inspector of Police,
V.K. Pudhur,
Tirunelveli District.
5.The Manager,
RPP Infra Projects Ltd.,
P&L Tower, 3rd Floor,
No.140, Perundurai Road,
Erode – 638 011. ...Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.418 of 2013
PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this
Court to set aside the order dated 15.04.2013 made in W.P.(MD)No.3189 of
2013 on the file of this Court.
For Appellant : Mr.S.Anwar Sameem
For 1st Respondent : Mr.A.Sivaji
For Respondents 2 to 4 : Mr.B.Saravanan
Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
This Writ Appeal has been directed against the order passed by
the Writ Court dated 15.04.2013 made in W.P.(MD)No.3189 of 2013.
2. When this appeal is taken up for hearing, Mr.S.Anwar Sameem,
learned counsel appearing for the appellant, has submitted that the very
appellant Company itself has become bankrupt, against whom action has
already been initiated under the Bankruptcy Code, 2016. Therefore, the
Company, represented by its Manager cannot proceed in this regard any
further. The said submission is recorded.
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W.A.(MD)No.418 of 2013
3. It is also to be noted that, at the time of admission of this Writ
Appeal, a Division Bench of this Court by order dated 08.05.2013, directed
the appellant to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only)
before the Registrar (Administration) of this Court, who in turn shall keep
the same in deposit in the Indian Bank Branch attached to this Court and
thereafter, on such receipt of deposit being produced before the Electricity
Board, the electricity connection shall be restored.
4. Therefore, pursuant to the said order, it is claimed by the
learned counsel for the appellant that, a sum of Rs.3,00,000/- (Rupees Three
Lakhs only) has been deposited.
5. Now, the learned counsel appearing for the first respondent,
who is the land owner, in whose land, admittedly as per the report of the
Revenue Divisional Officer, one pole has been erected through which only
the service connection was directed to be restored, which was subsequently
restored and the appellant also enjoyed the service connection atleast for
some time, therefore, the said amount of Rs.3,00,000/- with accrued interest
shall be treated only as a compensation to the loss sustained by the first
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W.A.(MD)No.418 of 2013
respondent because of the one pole erected at the behest of the appellant at
the land belongs to the first respondent. Therefore, he is entitled to
withdraw the said amount of Rs.3,00,000/- with accrued interest.
6. In that view of the matter, there shall be a direction to the
Registrar (Administration) of this Bench to take necessary steps so as to
enable the first respondent herein to withdraw the said amount of
Rs.3,00,000/- (Rupees Three Lakhs only) with accrued interest and it shall
be withdrawn and paid to the first respondent. The same shall be complied
within a period of six weeks from the date of receipt of a copy of this order.
7. With these directions, this Writ Appeal is disposed of.
However, there shall be no order as to cost. Consequently, connected
miscellaneous petitions are closed.
(R.S.K., J.) & (K.K.R.K, J.)
27.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
SJ
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.418 of 2013
To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Superintendent Engineer,
Wind Farm Project,
Tirunelveli.
3.The Inspector of Police,
V.K. Pudhur,
Tirunelveli District.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.418 of 2013
R.SURESH KUMAR, J.
AND
K.K.RAMAKRISHNAN, J.
SJ
W.A.(MD)No.418 of 2013
27.03.2023
https://www.mhc.tn.gov.in/judis
