Madras High CourtCRP/633/2021disposed of in memo of compromise

M.Arjunan v. M.Angamuthu

2021-12-08Honourable Mr Justice R. Subramanian5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN 1.M.Arjunan 2.A.Velmurugan 3.A.Venkatajalapathy 4.K.Pavayee 5.K.Palanivel 6.K.Bhoopathy 7.K.Shanmugam 8.K.Saravana Kumar .. Petitioners in both CRPs Vs.

1.M.Angamuthu 2.The Special Tahasildhar Land Acquisition Salem-Karur Broad-gauge Railway Schemem Unit No.1, Namakkal.

3.The Deputy Chief Engineer (Construction), Souther Railways Salem - 636 005.

.. Respondents in both CRPs 1/5

PRAYER in CRP.No.633 of 2021: Civil Revision Petition filed under Article 227 of the Constitution of India, praying for a direction, directing the 1st Sub-Judge, Rasipuram to taken on file the impleading petition in I.A.S.R.No.5087 of 2020 in L.A.O.P.No.152 of 2008 dated 04.12.2021 which was returned on 03.02.2021 and to decide the same in accordance with law forthwith.

PRAYER in CRP.No.634 of 2021: Civil Revision Petition filed under Article 227 of the Constitution of India, praying for a direction, directing the 1st Sub-Judge, Rasipuram to taken on file the impleading petition in S.R.No.5086 of 2020 in L.A.O.P.No.214 of 2008 dated 04.12.2021 which was returned on 03.02.2021 and to decide the same in accordance with law forthwith.

For Petitioners : Mr.K.A.Mariappan For Respondents : Mr.S.Senthil for R1 Mr.M.Bindran for R2 and R3 ******** C O M M O N O R D E R These two Revisions have been filed challenging the orders of the Subordinate Judge, Rasipuram, rejecting two applications filed by the petitioners seeking to implead themselves in L.A.O.P.Nos.152 of 2008 and 2/5

214 of 2008, contending that the petitioners have an interest in the property acquired and therefore they are entitled to share in the compensation.

2. The trial Court rejected the applications without numbering, on the ground that the Land Acquisition Original Petitions have been disposed of. Pending these Revisions, a compromise has been arrived at between the petitioners and the 1st respondent/ the original claimant in L.A.O.P.Nos.152 of 2008 and 214 of 2008. As per the said compromise, the 1st respondent had expressed his no objection for impleading the petitioners and for apportioning the compensation between himself and the respondents. Two compromise memos, with identical terms signed by the parties and their respective counsel have been filed.

3. In view of the same, these Civil Revision Petitions are disposed of with the following directions:

The reference Court viz., Sub-Court, Rasispuram will implead the petitioners as claimants 2 to 9 in both the Land Acquisition Original Petitions. It shall apportion the compensation between the parties in the 3/5

proportion agreed to under the compromise memo, particularly under clause 3-b of the compromise memo.

4. These Civil Revision Petitions are disposed of with the above direction. The compromise memos shall form part of the common order. No costs.

08.12.2021 dsa Internet :Yes Index : No Speaking order To The Subordinate Judge, Rasipuram.

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R.SUBRAMANIAN, J.

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