Madras High Court
Unknown vs D.Sathasivam on 1 February, 2024
Author: P.D.Audikesavalu
Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu
W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.02.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.Nos.377, 380, 382, 381, 379 & 378 of 2024
[W.A.No.377 of 2024]
The Project Director
National Highways Authority of India
Project Implementation Unit – Kancheepuram
Plot No.20, 1st Floor, Pallavan Nagar Main Road
Maduravoyal, Chennai – 600 095.
[Cause title accepted vide order dated 01.02.2024
in C.M.P.No.1645 of 2024 & etc. batch in
W.A.SR.No.13918 of 2022 & etc. batch] .. Appellant
Vs.
1. D.Sathasivam
2. The Arbitrator & District Collector
Thiruvallur District.
3. The Special District Revenue Officer (LA)
NH 205, No.3 & 4, Lal Bagadhur Sasthiri St
Periyakuppam Railway Street
(near) Thulasi Theatre
Thiruvallur – 602 001. .. Respondents
Page 1 of 7
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W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
Prayer in W.A.No.377 of 2024: Appeal filed under Clause 15 of the
Letters Patent against the order made in W.P.No.24577 of 2021 dated
17.11.2021.
For the Appellant : Mr.S.Srinivasan
in all W.As
For the Respondents : Ms.M.F.Shabana
in all W.As for R1
Mr.A.Edwin Prabakar
State Government Pleader
for R2 and R3
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.S.Srinivasan, learned counsel for the appellant,
Ms.M.F.Shabana, learned counsel for respondent 1 and Mr.A.Edwin
Prabakar, learned State Government Pleader for respondents 2 and
2. Learned counsel for the appellant and learned counsel for
the respective respondents are ad idem that the present matters
are covered by the order of this Court dated 23.08.2023 in
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W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
W.A.No.1970 of 2023 and etc. batch.
3. In the light of that, we follow the same course and pass the
following orders:
(i) In some of the appeals, this Court had
directed the present appellant to deposit 50% of the
amount of enhanced compensation, which according
to the learned counsel for the appellant, has been
complied with and the 50% of the amount is
deposited. The 50% of the amount already deposited
shall be transferred to the Court of the concerned
District Judge, where the application filed by the
appellants under Section 34 of the Act of 1996 is
pending;
(ii) In other appeals, where the amount of
50% of the enhanced compensation amount is not
deposited, the same shall be deposited by the
present appellant with the concerned Court within a
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W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
period of ten weeks from today;
(iii) The original petitioner is at liberty to apply
for the withdrawal of the amount, which application
shall be considered by the concerned District Judge,
on its own merits and after hearing all parties
concerned, appropriate orders shall be passed;
(iv) The present appellant may also seek
further orders on the stay petition before the learned
District Judge;
(v) Depending upon the order, that may be
passed by the learned District Judge on the
application of the original petitioner for withdrawal of
the amount, further steps may be taken with regard
to the amount, if lying in the Court, such as to invest
the same in a Nationalised Bank or otherwise;
(vi) Considering the huge amount involved, the
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W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
learned District Judge, with whom the application
under Section 34 of the Act of 1996 is pending, may
endeavour to decide the application under Section 34
of the Act of 1996 expeditiously.
4. In view of the aforesaid, these writ appeals stand disposed
of. There will be no order as to costs. Consequently,
C.M.P.Nos.2489, 2479, 2501, 2478, 2497, 2500, 2503, 2498, 2477,
2504, 2499, 2475, 2508, 2481, 2484, 2476, 2507 and 2512 of
2024 are closed.
(S.V.G., CJ.) (P.D.A., J.)
01.02.2024
Index : Yes/No
Neutral Citation : Yes/No
drm
To
1. The Arbitrator & District Collector
Thiruvallur District.
2. The Special District Revenue Officer (LA)
NH 205, No.3 & 4, Lal Bagadhur Sasthiri St
https://www.mhc.tn.gov.in/judis
W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
Periyakuppam Railway Street
(near) Thulasi Theatre
Thiruvallur – 602 001.
https://www.mhc.tn.gov.in/judis
W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(drm)
W.A.Nos.377, 380, 382,
381, 379 & 378 of 2024
01.02.2024
https://www.mhc.tn.gov.in/judis
