Visvanathan v. Special Tahsildar

SA(MD). No.465 of 2007 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Fourth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR SA(MD). No.465 of 2007 1.Visvanathan, 2.Sankaranarayanan, 3.Theertharappan ... Appellants/Claimants Vs The Special Tahsildar, Adi Dravidar welfare department, Cheranmahadevi. Respondent/Referring Officer Prayer:- This Second Appeal filed under Section 13 of the Tamil Nadu Land Acquisition of Land for Harijan Welfare Scheme Act (XXX1 of 1978 r/w 100 C.P.C.,) to set aside the judgment and decree passed by the learned Subordinate Judge, Ambasamudram in C.M.A.No.17 of 2000, dated 13.09.2001 and pass order as prayed for in the application.

DECREE:- This Second Appeal coming on for hearing on this date, upon perusing the grounds of Appeal, the judgments and decrees of the Lower Appellate Court and the Court of First Instance and the material papers in the appeal and upon hearing the arguments of Ms.S.LAKSHMI GOPINATHAN, Advocate for the Appeallants and of MR.J.GUNASEELAN MUTHIAH, ADDITIONAL GOVT.

(1) That the compensation of Rs.3,500/-(Rupees.Three thousand and five hundred only) percent is fixed and the appellants herein/Claimants are entitled to 30% solatium of the additional amount and with interest at the rate of 10% per annum;

(2) That the Respondent herein/Land acquisition Officer be and hereby is directed to pay the enhanced amount with interest at the rate, as stated above within a period of Four months from today (ie.,24.02.2021);

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SA(MD). No.465 of 2007

(3) that as per the judgment of this Court the Appellants herein/claimants paid the additional court fee for a sum of Rs.19,600/-(Rupees Nineteen thousand and six hundred only)towards enhanced compensaion vide Memo in SR No.10522/2021, dated.19.04.2021; and

(4) That there be no costs in this Second Appeal. Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Subordinate Judge, Ambasamudram.

2. The Special Tahsildar, Adi Dravidar welfare department, Cheranmahadevi Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.Special Government Pleader ( SR-7201 dated 25/02/2021 ) +1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-7375 dated 25/02/2021 ) ORDER DATED : 24/02/2021 ========================== DECREE ========================== SA(MD). No.465 of 2007 Nature of Decree:- Allowing the Second Appeal preferred against the judgment and decree passed by the learned Subordinate Judge, Ambasamudram in C.M.A.No.17 of 2000, dated 13.09.2001 etc., as stated within.

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