Madras High Court
M.Jaya vs The Special Tahsildhar (L.A.) on 31 March, 2023
C.R.P.(PD) No.1045 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.03.2023
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.R.P.(PD) No.1045 of 2023
Mahendran (Died)
1.M.Jaya
2.T.Usha
3.S.Nandhini
4.Nisha
Kannammal (Died) ... Petitioners
Vs.
1.The Special Tahsildhar (L.A.),
SIPCOT, Sriperumbudur Scheme,
Irungattukottai,
Kancheepuram District.
2.The Managing Director,
SIPCOT,
No.17-A, Rukmani Lakshmipathy Salai,
Egmore, Chennai – 8. ... Respondents
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Page No. 1 of 9
C.R.P.(PD) No.1045 of 2023
Civil Revision Petition filed under Article 227 of Constitution of
India to direct the Principal Subordinate Judge, Kancheepuram to call for
the amount from Additional District Court No.I, Thiruvallur and disburse
the same immediately to the parties with regard to L.A.O.P.No.1159 of
2003.
For Petitioners : Mr.G.Karthikeyan, Senior Counsel
for M/s.A.Jagadeeswari
For R1 : Mr.B.Tamil Nithi
Government Advocate
ORDER
The Revision Petitioners who are the legal heirs of the deceased
original claimant in L.A.O.P.No.1159 of 2003 on the file of the Principal
Subordinate Judge, Kancheepuram, have filed this Civil Revision Petition
to direct the Principal Subordinate Judge, Kancheepuram to call for the
amount from Additional District Court No.I, Tiruvallur with regard to
L.A.O.P.No.1159 of 2003 and disburse the same immediately to the
Revision Petitioners.
2. The brief facts of the case are that the deceased original claimant
has filed L.A.O.P.No.1159 of 2003 before Sub Court, Tiruvallur. Later,
the said L.A.O.P.No.1159 of 2003 was transferred to the the Additional
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C.R.P.(PD) No.1045 of 2023
District Court No.1, Tiruvallur (Special Court for Land Acquisition Cases
at Tiruvallur) and was disposed of by a common Judgment dated
14.11.2007. Against the said Judgment dated 14.11.2007, the respondents
preferred an appeal before this Court in A.S.No.89 of 2011 which was
dismissed and Cross Objection filed by the deceased original claimant was
allowed vide order dated 11.10.2013.
3. During the pendency of the appeal and the Cross Objection, the
original claimant died. After the dismissal of A.S.No.89 of 2011, the
respondents have deposited the award amount of Rs.30,90,258/- on the
credit of the Additional District Court No.1, Tiruvallur (Special Court for
Land Acquisition Cases at Tiruvallur).
4. Before disbursing the amount to the Revision Petitioners as the
legal heirs of the deceased original claimant, due to bifurcation of the
District, the entire case records were transferred to the Principal Sub
Court, Kancheepuram from Additional District Court No.1, Tiruvallur
(Special Court for Land Acquisition Cases at Tiruvallur).
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C.R.P.(PD) No.1045 of 2023
5. Thereafter, the Revision Petitioners filed I.A.No.2 of 2022 before
the Principal Sub Court, Kancheepuram to call for the amount deposited
by the respondents on the credit of the Additional District Court No.1,
Tiruvallur (Special Court for Land Acquisition Cases at Tiruvallur) in
order to enable the Revision Petitions to withdraw the amount, to which,
no objection was endorsed by the respondents.
6. However, Principal Sub Judge, Kancheepuram advised that no
petition is maintainable before the Principal Sub Court, Kancheeparam
and necessary petition may be filed before the Additional District Court
No.1, Thiruvallur (Special Court for Land Acquisition Cases at
Thiruvallur) as the amount has already been deposited in the Additional
District Court No.1, Thiruvallur (Special Court for Land Acquisition
Cases at Thiruvallur).
7. Therefore, the Revision Petitioners filed a Memo before the
Additional District Court No.1, Thiruvallur (Special Court for Land
Acquisition Cases at Tiruvallur) to call for the entire case records in
respect of above LAOP from the Principal Subordinate Court,
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C.R.P.(PD) No.1045 of 2023
Kancheepuram and the amount laying in the credit of the Additional
District Court No.1, Thiruvallur (Special Court for Land Acquisition
Cases at Tiruvallur) in order to enable the Revision Petitioners to
withdraw the award amount. The said Memo was returned on 22.02.2023
by the Additional District Court No.1, Thiruvallur (Special Court for Land
Acquisition Cases at Tiruvallur) stating that the L.A.O.P.No.1159 of 2003
on the file of the Additional District Court No.1, Thiruvallur (Special
Court for Land Acquisition Cases at Tiruvallur) was disposed on
14.11.2007 and the entire case records were transferred to Sub Court,
Kancheepuram on point of jurisdiction. Now, the case bundle is available
with the Sub Court, Kancheepuram.
8. Though “ Endorsement for No Objection” was made by the
respondents before the Principal Subordinate Judge, Kancheepuram on
15.11.2022 which was noted in the order dated 15.11.2022 in I.A.No.1 of
2022, till date, the award amount was not ordered to be sent by the
Additional District Court No.1, Thiruvallur (Special Court for Land
Acquisition Cases at Tiruvallur). Hence, the Revision Petitioners
approached this Court seeking for a direction to Principal Subordinate
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C.R.P.(PD) No.1045 of 2023
Judge, Kancheepuram to call for the amount from the Additional District
Court No.1, Thiruvallur (Special Court for Land Acquisition Cases at
Tiruvallur) and disburse the same to the Revision Petitioners.
9. The records reveal that the LAOP was filed in the year 2003 and
finality attained after the disposal of appeal by this Court on 11.10.2013.
The award amount was deposited by the respondent before the Additional
District Court No.1, Thiruvallur (Special Court for Land Acquisition
Cases at Tiruvallur). Thereafter, the jurisdiction was bifurcated.
Accordingly, the said LAOP was transferred to the Principal Subordinate
Court, Kancheepuram.
10. Endorsement made by the Additional District Court No.1,
Thiruvallur (Special Court for Land Acquisition Cases at Tiruvallur) in
the memo filed by the petitioners shows that case bundles were transferred
to Sub Court, Kancheepuram. However, there is no endorsement with
regard to the transfer of the award amount laying in the credit of the
Additional District Court No.1, Thiruvallur (Special Court for Land
Acquisition Cases at Tiruvallur).
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C.R.P.(PD) No.1045 of 2023
11. It is seen that the Revision Petitioners were dragged from pillar
to post to verify where the amount is located. The officers concerned as
well as the staffs of the Court, in a very lethargic manner, returned the
memo, as if they had no responsibility to give a proper reply for that
memo. As far as the conduct of the officers concerned as well as the
staffs of the Court is concerned, they are required to rectify the mistakes.
12. This Court therefore directs the Additional District Court No.1,
Thiruvallur (Special Court for Land Acquisition Cases at Tiruvallur) to
transfer the award amount of Rs.30,90,258/- laying in its credit to the
Principal Subordinate Court, Kancheepuram, within a period of two
weeks from the date of receipt of a copy of this order without causing any
unnecessary delay.
13. The Revision Petitioners are entitled to file a proper application
before the Principal Subordinate Court, Kancheepuram to withdraw the
amount within a period of two weeks after the transfer of the amount from
the Additional District Court No.1, Thiruvallur (Special Court for Land
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C.R.P.(PD) No.1045 of 2023
Acquisition Cases at Tiruvallur) to the Principal Subordinate Court,
Kancheepuram.
14. Accordingly, this Civil Revision Petition is allowed. No cost.
31.03.2023
Internet : Yes/No
Index: Yes/ No
jen
Issue Order Copy on 03.04.2023
To
1.Principal Subordinate Judge,
Kancheepuram.
2.The Additional District Court No.I,
Thiruvallur.
3.The Special Tahsildhar (L.A.),
SIPCOT, Sriperumbudur Scheme,
Irungattukottai,
Kancheepuram District.
4.The Managing Director,
SIPCOT,
No.17-A, Rukmani Lakshmipathy Salai,
Egmore, Chennai – 8.
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https://www.mhc.tn.gov.in/judis
C.R.P.(PD) No.1045 of 2023
T.V.THAMILSELVI , J.
jen
C.R.P.(PD) No.1045 of 2023
31.03.2023
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