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Madras High CourtWP/3327/2017dismissed with direction

V.Jayalakshmi v. The State Of Tamil Nadu

2024-03-27Honourable Mr Justice P. Velmurugan4 pages

P.VELMURUGAN,J.

The matter is listed today under the caption "for reporting compliance".

2. This Court while disposing of the above writ petition on 01.02.2024, the learned Senior Counsel representing the learned Standing Counsel appearing for the Tamil Nadu Housing Board made submissions as follows;

5. Learned Senior Counsel representing the learned Standing Counsel appearing for the Tamil Nadu Housing Board, submitted that since the original owner refused to receive the amount of compensation, the same was directed to be deposited in Court. Already, the possession has been taken even when the earlier Writ Petition was filed by the son of the writ petitioner and the Tamil Nadu Housing Board has clearly stated that, with regard to taking over of possession, the same was not challenged by the son of the petitioner. Further, the son has filed a partition suit before the Court below and in that alos, he has stated about the lay-out and therefore, now the petitioner has filed the present Writ Petition for declaration as stated 1/4

above. Therefore, the present Writ Petition is not maintainable.

After hearing the arguments on both sides, this Court dismissed the above Writ Petition with the following directions and ordered the matter to be listed on 27.03.2024 under the caption "for reporting compliance"

10. Hence, the respondents are now directed to verify the records as to whether the amount of compensation was already desposited or if it is deposited, the same may be intimated to the petitioner or if already the amount was paid to the original owner, the same may also be intimated to the petitioner with acknowledgement received by the original owner or if the amount is deposited before the Civil Court, the information may be given to get the amount of compensation with accrued interest and the respondents are directed to furnish the necessary particulars with regard to the desposit of compensation, on or before 26.03.2024.

3. Today (27.03.2024), when the matter is taken for hearing, the learned Standing Counsel appearing for the Tamil Nadu Housing Board, seeks three weeks time to locate the amount where it is lying. 2/4

4. It is to be noted that the Award was passed in the year 1993 i.e. on 25.06.1993 but the fruit of the Award, is yet to be enjoyed by the land owners. The respondents are unable to say even where the amount is lying. Therefore, in the interest of justice and for the petitioner, the land loser, time is granted till 22.04.2024.

5. The respondents 2 and 3 are directed to furnish the correct particulars about the deposit of amount, on or before 22.04.2024 before the Registry failing which, all the respondents are directed to appear before this Court on 23.04.2024.

6. List the matter on 23.04.2024 under the same caption. 27.03.2024 ksa-2 3/4

P.VELMURUGAN,J.

ksa-2 27.03.2024 4/4