The Special Tahsildar (La) v. Latha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.Nos.16713, 16714, 16716, 16717, 16677, 16679 to 16681, 16683, 16684, 16686 to 16699, 16701 to 16709, 16711, 16718, 16720 to 16722, 16724 to 16726, 106742, 16746 & 16750 of 2024 C.R.P.No.3090 of 2024 :- The Special Tahsildar (LA), Chennai Peripheral Ring Road Project (Unit - II) Thiruvallur (SIPCOT).

Special Tahsildar (LA) Oothukottai (When referred cases) ... Petitioner Vs

1. Latha

2. The Divisional Engineer, Highways Department, Construction and Maintenance, Thiruvallur ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the judgment and decree made in LAOP.No.42 of 2020 dated 29.09.2023 on the file of the Special Subordinate Court (For LAOP Cases) at Thiruvallur.

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In all CRPs., For Petitioner :

Mrs.R.Anitha Special Government Pleader For R1 :

Mr.G.Seetharaman for Mr.T.Sellapandiyan COMMON ORDER These Civil Revision Petitions have been filed against the judgment and decree passed by the Special Subordinate Court (LAOP Cases) at Thiruvallur LAOP.Nos.1 to 44 of 2020 on 29.09.2023.

2. When the matters were taken up for hearing on 09.08.2024, it was represented on behalf of the claimants and the petitioner-Government that there is a possibility for settling the issue. Accordingly, on 27.08.2024, the learned counsel appearing for the claimants submitted that the claimants in all the civil revision petitions are inclined to receive the compensation with a reduction of 25% in the rate fixed by the Special Subordinate Court (LAOP Cases) at Thiruvallur. Subsequently, learned Special Government Pleader appearing for the petitioner, on instructions, submitted that the Government has also agreed for settlement 75% of the amount fixed by the Special Subordinate Court (LAOP Cases) to the claimant and the Government is ready to deposit the amount before the Court concerned. 2 / 6

3. Thereupon, the learned counsel appearing for the claimants filed a Memo on behalf of 44 claimants, contents of which, are extracted hereunder :- " MEMO FILED BY THE CLAIMANT COUNSEL ON BEHALF OF CLAIMANTS 1- 44 BATCH CASES

1. It is respectfully submits to this Hon'ble Court. The Respondents/Claimants are the displaced land owners and their lands were situated Soolaimeni, Sengarai, Keelkaramanur at Uthukottai Taluk, Thiruvallur District, has approached the Hon'ble Sub-ordinate Judge, Special Laop at Thiruvallur for Enhancement Compensation in Laop 1/2020 to Laop 44/2020. The Claimants/ Petitioner had succeeded the Decree and Judgment dated on 29.09.2023.

2. It is respectfully submitted that petitioner here in has filed the above CRP by Challenging the Order dated 29.09.2023. The Respondents / Claimants for Laop 1/2020 to Laop 44/2020 Batch cases. The Claimants of 44 Batch cases are agreed to deducting 25% less amount from the decree passed by the Hon'ble Sub-Judge Special Laop at Thiruvallur.

3. It is further submit that as per the direction of Hon'ble High Court Petitioners / Respondents herein has deposited the enhanced 3 / 6

compensation amount of 75% after less of 25% amount before the Hon'ble Sub Judge Special Laop at Thiruvallur (In Court Deposit) towards LAOP 44 cases.

Therefore It is prayed that this Hon'ble Court may pleased to record this memo and thus render Justice accordingly."

4. Pursuant to the compromise arrived at between the parties, the counsels appearing on either side have calculated the total amount by deducting the amount already paid to the claimant from 75% of the rate fixed by the Special Subordinate Court (LAOP Cases) at Thiruvallur, whereupon, the total outstanding amount works out to Rs.3,16,21,215/-, in respect of which, an abstract of working sheet was produced before this Court by the learned Special Government Pleader appearing for the petitioner.

5. It is also brought to the notice of this Court that the Petitioner has deposited the total amount of Rs.3,16,21,215/- to the credit of LAOP.Nos.1 to 44 of 2020 before the learned Sub Judge, LAOP, Tiruvallur. The learned Special Government Pleader appearing for the petitioner has produced the proof for the same vide T.A.22 Deposit Register.

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6. Learned counsels appearing on either side submitted that in view of the settlement made, nothing survives for further adjudication in these cases and that the respondents have no objection for the revision petitions being disposed in terms of the compromise arrived at between the parties.

7. Taking into consideration the Memorandum dated 25.10.2024 filed by the learned counsel for the claimants and recording the submissions of the learned counsel on both sides, the Civil Revision Petitions stand disposed of.

8. The Memorandum dated 25.10.2024 filed by the first respondents' counsel and the abstract of working sheet submitted by the petitioner shall form part of the order. Consequently, the connected miscellaneous petitions are closed. No costs.

29.10.2024 Index : Yes / No ham/ssk To : The Special Subordinate Court (LAOP Cases) at Thiruvallur. 5 / 6

A.D.JAGADISH CHANDIRA, J.

ham/ssk and C.M.P.Nos.16713, 16714, 16716, 16717, 16677, 16679 to 16681, 16683, 16684, 16686 to 16699, 16701 to 16709, 16711, 16718, 16720 to 16722, 16724 to 16726, 106742, 16746 & 16750 of 2024 29.10.2024 6 / 6