Yasodhammal(Died) v. The Special Tahsildar
C.M.P.No.15044 of 2024 in A.S.No.554 of 2022 SATHI KUMAR SUKUMARA KURUP, J.
This Civil Miscellaneous Petition has been filed seeking to permit the Petitioner to withdraw 50% of the award amount with accrued interest that had been deposited by the Respondent/Appellant herein to the credit of L.A.O.P.No.28 of 2014 before the Special Subordinate Court, Vellore related to the Award No.18/91-92 in R.C.A.No.4501/87, dated 24.09.1991 on the file of the Land Acquisition Officer, Vellore, pending disposal of this Appeal Suit.
2.The learned Counsel appearing for the Petitioner, who is the Respondent in the Appeal/Land loser, submits that the Special Tahsildar (Land Acquisition Officer), Adi Dravidar Welfare Department, Vellore, who is the Respondent in the Land Acquisition Proceedings, filed this Appeal against the quantum fixed by the learned Sub Judge, Special Sub Court for Land Acquisition Cases, Vellore.
3. It is the further submission of the learned Counsel for the Petitioner/Land loser/Respondent in the Appeal that he seeks permission of 1/3
this Court to withdraw the entire amount deposited to the credit of L.A.O.P.No.28 of 2014 before the learned Sub Judge, Special Subordinate Court, Vellore.
4. The learned Additional Government Pleader Mr.T.Arunkumar submits that while permitting the withdrawal by the Petitioner/land loser, the Court may observe that the amount is adjusted towards compensation as per the reported decision of the Hon'ble Supreme Court in (2006) 8 SCC 457 [Gurpreet Singh vs Union Of India].
5. In the light of the submission made by the learned Additional Government Pleader that the amount shall be adjusted towards compensation, this Civil Miscellaneous Petition is allowed. The Petitioner/land loser is permitted to withdraw the entires amount deposited to the credit of L.A.O.P.No.28 of 2014 before the learned Sub Judge, Special Subordinate Court, Vellore, along with interest accrued thereon. 22.10.2024 (1/2) srm SATHI KUMAR SUKUMARA KURUP, J.
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srm C.M.P.No.15044 of 2024 in A.S.No.554 of 2022 22.10.2024 3/3