K.L.Srinivasan v. The Special Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P.(PD)(MD)No.700 of 2012 K.L.Srinivasan :Petitioner/Petitioner/Petitioner/Appellant vs.

The Special Tahsildar, Adi-Dravidar Welfare, Cheranmahadevi, TirunelveLi District.

:Respondent/Respondent/Respondent/ Respondent PRAYER: Civil Revision Petition is filed Under Article 227 of Constitution of India, to set aside the order, dated 15.02.2011 made in E.A.No.207 of 2010 in E.P.No.56 of 2010 in C.M.A.No.4 of 1997 on the file of Sub Court, Ambasamudram.

For Petitioner : Mr.Mohammed Ibrahim Saibu for Mr.A.Arumugam For Respondent : Mr.M.Karuppasamy, Government Advocate

ORDER

This Civil Revision Petition is filed against the order, dated 15.02.2011, made in E.A.No.207 of 2010 in E.P.No.56 of 2010 in C.M.A.No.4 of 1997 on the file of Sub Court, Ambasamudram. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent. Mr.Natarajan, Special Tahsildar (Adi Dravidar Welfare), Cheranmahadevi, is present before this Court. 3.The petitioner herein is the claimant/decree holder. His property has been acquired by the Government. He has filed an appeal claiming additional compensation, accordingly compensation was also granted to him. He filed E.P.No.56 of 2001 for realization of the said amount. The said E.P. was dismissed on 29.09.2008. In the meantime, the respondent filed Second Appeal in S.A.No.

611 of 2003 before this Court, wherein this Court has directed the respondent to deposit 1/4 amount before Court. The said amount of Rs.1,49,303/- has been deposited by the respondent. Thereafter, the petitioner filed E.A.No.207 of 2010 on the file of Sub Court, Ambasamudram, to issue a cheque for the said amount in favour of the petitioner. The said E.A. was dismissed. Aggrieved against the said order of dismissal, the claimant has filed the present Civil Revision Petition.

4.Today, the learned Government Advocate appearing for the respondent/State filed a calculation memo, dated 05.10.2018, showing that the respondent is liable to pay a sum of Rs.6,13,489/- along with interest as on 31.10.2018.

5.The learned Government Advocate appearing for the respondent has given an undertaking that the respondent will deposit the entire amount within a period of three months on the basis of the calculation memo and pleaded to accept the memo of calculation and to pass appropriate orders.

6.Recording the calculation memo filed by the respondent; the statement of the learned Government Advocate appearing for the respondent, the respondent is directed to deposit the entire amount in C.M.A.No.4 of 1997 on the file of the Sub Court, Ambasamudram on or before 10.01.2019 and inform the petitioner with regard to the deposit.

7.Since the respondent agreed to deposit the compensation amount as per calculation memo with interest, there is no need for any further adjudication in this Civil Revision Petition. 8.Therefore, with the above direction, this civil revision petition is disposed of. The said calculation memo, shall form part of this order. No costs.

9.This Court would like to place on record its appreciation to the learned Government Advocate Mr.M.Karuppasamy on rendering his co-operation to this Court in disposing of this long pending matter. 10.Post the matter on 11.01.2019 for reporting compliance. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-I) Encl: Xerox copy of Original Calculation Memo dated 05.10.2018.

To 1.The learned Sub Judge, Ambasamudram.

2.The Special Tahsildar, Adi-Dravidar Welfare, Cheranmahadevi, Tirunelvlei District.

Copy To:

The Section Officer, Judicial Section,(Posting) Madurai Bench of Madras High Court, Madurai.

+1CC TO SPL GOVT PLEADER IN SR.NO.90234.

RJ2 DS RP SAR-1 25 10 2018 3P 5C C.R.P.(PD)(MD)No.700 of 2012