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The Deputy Chief Engineer, Constructions, Southern Railways, Salem Vs. Muthusamy (Died) and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberC.R.P(NPD)(MD)No. 2011 of 2016 & C.M.P(D)No. 9451 of 2016
Judge
AppellantThe Deputy Chief Engineer, Constructions, Southern Railways, Salem
RespondentMuthusamy (Died) and Others
Excerpt:
.....of 2016 in l.a.o.p.no.62 of 2011, on the file of the additional subordinate judge, karur.) 1. this civil revision petition filed seeking to strike off e.p.no.67 of 2016 in l.a.o.p.no.62 of 2011, on the file of the additional subordinate judge, karur. 2. according to the petitioner, an award was passed by the learned sub-ordinate judge, karur in l.a.o.p.no.62 of 2011. being not satisfied with the award passed by the land acquisition tribunal, the beneficiaries filed appeal before the court below. according to the petitioner, the aforesaid appeal is pending in unnumbered stage. in the meantime, the respondents herein filed the present e.p before the land acquisition tribunal. against that, the petitioner has preferred the present c.r.p before this court to strike of the e.p from the file.....
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to strike off E.P.No.67 of 2016 in L.A.O.P.No.62 of 2011, on the file of the Additional Subordinate Judge, Karur.)

1. This Civil Revision Petition filed seeking to strike off E.P.No.67 of 2016 in L.A.O.P.No.62 of 2011, on the file of the Additional Subordinate Judge, Karur.

2. According to the Petitioner, an award was passed by the learned Sub-ordinate Judge, Karur in L.A.O.P.No.62 of 2011. Being not satisfied with the award passed by the Land Acquisition Tribunal, the beneficiaries filed appeal before the Court below. According to the Petitioner, the aforesaid appeal is pending in unnumbered stage. In the meantime, the respondents herein filed the present E.P before the Land Acquisition Tribunal. Against that, the Petitioner has preferred the present C.R.P before this Court to strike of the E.P from the file of the Court below.

3. The learned counsel for the Petitioner relied upon an earlier order passed by this Court, dated 5.7.2016, in a batch of Civil Revision Petitions, this Court directed the Petitioners therein to deposit the award amount at the time of admission and thereafter the matter has been taken up for final disposal and thereafter the Civil Revision Petitions were disposed of on the following terms:

''The Executing Court is directed to permit the concerned respondents, who are the petitioners in the respective petitions, to withdraw the entire amount deposited by the Petitioner, subject to the condition that the withdrawal would be subject to the order to be passed in the appeal stated to have been filed by the Petitioner.''

4. The learned counsel for the first respondent/Caveator herein submitted that similar order can be passed in the present Civil Revision Petition.

5. Considering the facts and circumstances of the case and in the interest of justice, this Court is inclined to pass the following Order:

The revision Petitioner is directed to deposit the entire award amount with accrued interest and costs from the date of claim petition till the date of deposit within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the first respondent/claimant is permitted to withdraw 75% of the award amount with proportionate accrued interest and costs by filing appropriate application before the Tribunal and the balance amount of 25 is permitted to be withdrawn on furnishing bank security/immovable security, either by the respondent concerned or third parties. The withdrawal would be subject to the order to be passed in the appeal stated to have been filed by the Petitioner. On such application being filed by the claimant, the Tribunal is directed to pass appropriate orders within a period of four weeks thereafter.

6. The Civil Revision Petition is disposed of in the above terms. Consequently, connected Miscellaneous Petition is closed. No costs.


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