Indian Red Cross Society v. The Special District Revenue Officer (La)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR and W.M.P.No.4318 of 2023 Indian Red Cross Society Represented by its Chairperson Mrs.Nandini Rangaswamy Red Cross Building 8/26, Hosur Road Coimbatore - 641 018 .. Petitioner
Versus
1.The Special District Revenue Officer (LA) Extension of Runaway at Coimbatore Airport Collectorate Campuz Coimbatore - 641 018 2.P.Selvakumar .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to disburse 50 % of the compensation amount received from the Airport authority of India in respect of acquisition of the property admeasuring Ac. 2.03 cents comprised in S.F. No. 274/1A in Block No. 20 of Irugur Village, Sulur Taluk, Coimbatore district which has been bequeathed in favour of the petitioner under the Last will of Mrs. M.Jaya W/o. R.Jagadeesan dated 25.11.2011. For Petitioner : MR.N.Ramakrishnan For Respondents : Mr.S.Rajesh for R1 Government Advocate Mr.R.Nandhakumar for R2 1/5
ORDER
This writ petition has been filed for a direction to the first respondent to deposit the 50% of the compensation amount in respect of the land acquired for the Airport Authority of India.
2. It is the contention of the learned counsel for the petitioner that the deceased M.Jaya had left the registered will bequeathing the properties to her relatives, however, in respect of the acquired land, she has specifically bequeathed that 50% of the compensation amount shall be paid to the Indian Red Cross Society and the remaining 50% shall be paid to the Cancer Health Centre, Kuppusamy Naidu Charitable Trust, Coimbatore. The second respondent has to collect that amount and pay the 50% compensation amount to the petitioner, however, the first respondent has not paid the compensation. Hence, this writ petition.
3. The learned counsel for the second respondent submitted that as per the will, he is only authorised to collect the amount and pay the amount to the writ petitioner. As far as the percentage of the compensation payable to the petitioner, there is no dispute. Hence, it is the contention of the second respondent that if the first respondent deposits the amount with the second 2/5
respondent, the second respondent will redeposit the amount to the petitioner within a time as directed by this Court.
4. The learned Additional Government Pleader submitted that the compensation amount will be deposited within a period of four weeks.
5. Heard both sides and perused the materials placed on record.
6. As there is no dispute with regard to the payment of money, this Court directs the first respondent to deposit the entire compensation amount payable to the second respondent within a period of four weeks and on such deposit, the second respondent, in turn, shall pay 50% amount to the petitioner Society within a period of 15 days thereafter.
7. Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 11.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/5
To, The Special District Revenue Officer (LA) Extension of Runaway at Coimbatore Airport Collectorate Campuz Coimbatore - 641 018 4/5
N. SATHISH KUMAR , J.
dhk W.P.No.4270 of 2023 11.06.2024 5/5