The District Collector v. L.Chandrasekaran

W.M.P.Nos.18498 & 18507 of 2023 in W.P.No.8898 of 2022 N.SATHISH KUMAR, J.

W.M.P.No.18498 of 2023 in W.P.No.8898 of 2022 has been filed to clarify the order, dated 22.06.2022 made in W.P.No.8898 of 2022 passed by this Court to disburse the amount to the remaining 72 depositors. 2.W.M.P.No.18507 of 2023 in W.P.No.8898 of 2022 has been filed to extend the time to comply with the order of this Court, dated 22.06.2022 made in W.P.No.8898 of 2022.

3.On considering the submissions of the learned counsel for the respondent/writ petitioner, this Court on 22.06.2022 passed the following order in W.P.No.8898 of 2022:

"4. The learned counsel for the petitioner states that if any balance amount is due, the petitioner is ready to deposit the amount before the trial Court. On such deposit being made, the trial Court shall endeavour to dispose of the case, since the offence is compoundable in nature. In the event, the petitioner is failed to pay the remaining amount, the trial Court shall proceed thereafter as per law. The trial Court Page No.1/4

shall not pronounce the judgment till the entire amount is settled."

4.Now, it is the contention of the learned Government Advocate (Crl. Side) appearing for the petitioners herein that though the respondent/writ petitioner stated, he has settled the entire dues to 43 depositors, still the amount has not been settled to them. Therefore, the petitioners herein seek direction to the trial Court to pronounce the judgment. 5.The very issue is on the deposit of amount to 43 depositors. It is the contention of the respondent/writ petitioner that he has paid the entire dues to the 43 depositors. Whereas the State disputes the same. 6.In such view of the matter, if at all any amount has been paid as stated by the respondent/writ petitioner to the depositors, let the petitioners establish the same before the trial Court through competent authority. If the competent authority is satisfied that the entire amount has been settled by the respondent/writ petitioner, the same may be intimated to the trial Court. The trial Court taking note of the entire issue, shall decide the same on its Page No.2/4

own merits and in accordance with law. If the matter is not compounded as per law, the trial Court shall proceed with the trial and pronounce the judgment.

7.Accordingly, the order of this Court, dated 22.06.2022 is clarified and W.M.P.No.18498 of 2023 in W.P.No.8898 of 2022 is ordered. W.M.P.No.18507 of 2023 in W.P.No.8898 of 2022 is closed. 12.09.2023 vv2 Page No.3/4

N.SATHISH KUMAR., J.

vv2 W.M.P.Nos.18498 & 18507 of 2023 in W.P.No.8898 of 2022 12.09.2023 Page No.4/4