Madras High CourtCRP/824/2015allowed

The Special Tahsildar v. P.Balasubramaniam

2018-02-05Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(NPD) No.824 of 2015 and M.P.No.1 & 2 of 2015 The Special Tahsildar (Land Acquisition) Adi Dravidar and Tribal Welfare Collectorate Coimbatore ...

Petitioner Vs.

1.P.Balasubramaniam 2.B.Karthik ...

Respondents PRAYER : Civil Revision Petitions filed under Section 151 CPC against the petition and order dated 13.01.2015 made in EP No.85 of 2013 in LAOP No.313/1993 on the file of II Additional Subordinate Judge at Coimbatore.

For Petitioner : Mrs.A.Madhumathi, Addl.Govt. Pleader (CS) For Respondents : Mr.S.N.Kirubanandam

O R D E R

This Civil Revision Petition is filed against the petition and order dated 13.01.2015 made in EP No.85/2013 in LAOP No.313 of 1993 on the file of II Additional Subordinate Judge at Coimbatore.

2. The respondents filed the above E.P.No.85 of 2013 for recovery of amount of Rs.1,93,91,833.07 payable by the petitioner to the respondents. In the said E.P., attachment was ordered.

3. Against the said order of attachment, the present Civil Revision Petition is filed by the petitioner.

4. When the Civil Revision Petition was taken up for hearing 29.01.2018, Ms.A.Madhumathi, learned Additional Government Pleader (CS) appearing for the petitioner produced copy of the proceedings bearing Na.Ka.No.1207/1989/m dated 04.12.2015 to show that award amount has already been deposited into court. The learned counsel for the respondents took time to verify the same.

5. Today, when the matter is taken up for hearing, the learned counsel for the respondents submitted that the entire award amount has already been deposited by the petitioner into Court.

6. In view of the above submissions made by the learned Additional Govt. Pleader (CS) appearing for the petitioner as well as the learned counsel appearing for the respondents, the order of attachment dated 13.01.2015 made in E.P No.85/2013 in L.A.O.P No.313 of 1993 is liable to be set aside and it is hereby set aside. It is open to the respondents to take appropriate proceedings for payment of amounts in Court deposit.

7. In the result, this Civil Revision Petition is allowed. No costs. Consequently, connected Miscellaneous Petitions are closed. 05.02.2018 rgr Index : Yes/No To The II Additional Subordinate Judge, Coimbatore.

V.M.VELUMANI, J.

rgr C.R.P.(NPD) No.824 of 2015 05.02.2018