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Madras High CourtCMP/12238/2018disposed of

R.Shyamala v. Land Acquisition Offier &

2019-03-28Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice P. Velmurugan3 pages

C.M.P.Nos.12238 and 12239 of 2018 in A.S.Nos.1120 and 1122 of 2015 K.K.SASIDHARAN., J.

And P.VELMURUGAN., J.

(Order of the Court was made by K.K.SASIDHARAN,J.) The first appeals filed by the Land Acquisition Officer and Special Tahsildar, Chennai Metro Rail Limited in A.S.Nos.1120 of 2015 and 1122 of 2015 were allowed by this Court. The matter was remitted to the Trial Court for fresh consideration.

2. The decree was passed on 28th November, 2017.

3. Subsequently, the petitioners filed interlocutory applications in C.M.P.Nos.6036 and 6037 of 2018 for a direction to refund the Court fee. We have by order dated 23rd March,2018 disposed of the applications with an observation that the petitioners therein are entitled to the refund of Court fee as per Rules.

4. The petitioners have come up with these two interlocutory applications with a grievance that inspite of producing the Adhaar and

Pan cards, the Registry declined to entertain the request for refund of Court fee.

5. We have heard the learned Senior Counsel for the petitioners and the learned counsel for the Chennai Metro Rail Corporation.

6. This Court has already passed the order making it clear that the petitioners are entitled to refund of Court fee as per Rules, in view of the decree remanding the matter for fresh consideration.

7. We direct the Registry to issue a cheque covering the Court fee to be refunded, in the name of the concerned claimants, whose names are recorded in the decree passed by this Court. In case Power of Attorney is produced, the Registry shall hand over the cheque in the name of the claimants to the Power Agent on acknowledgement and on proof of identity.

8. These miscellaneous petitions are disposed of with the above direction.

[K.K.SASIDHARAN,J.] [P.VELMURUGAN,J.] 28.03.2019 Note : Issue order copy by 01.04.2019 ms/vum

K.K.SASIDHARAN,J.

And P.VELMURUGAN,J.

ms/vum C.M.P.Nos.12238 and 12239 of 2018 in A.S.Nos.1120 and 1122 of 2015 28.03.2019