Lakshmana Nayakar (Died) 1. Lingappan v. The Special Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI Lakshmana Nayakar (Died) 1.Lingappan Soundararajan (died) 2.Gopalsamy 3.Bharathi 4.Alagarsamy 5.Baakiyalakshi 6.Archana 7.Aarthi
...Petitioners
Vs.
The Special Tahsildar, (Land Acquisition) Neighbourhood Housing Scheme, Sivakasi, Now Revenue Divisional Officer, Revenue Divisional Office, Sattur, Virudhunagar District. 2.The Executive Engineer, The Tamil Nadu Housing Board, Madurai.
...Respondents
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PRAYER: Civil Revision Petition is filed under under Section 115 CPC to set aside the order dated 10.03.2025 passed in E.P.No.6 of 2012 in L.A.O.P.No.56 of 1988 on the file of the Sub Court, Srivilliputhur, by allowing this Civil Revision Petition.
For Petitioners : Mr.R.Niresh Kumar For R-1 : Mr.S.Vinodh, Government Advocate For R-2 : Mr.A.Kannan
ORDER
This petition has been filed seeking to set aside the order dated 10.03.2025 passed in E.P.No.6 of 2012 in L.A.O.P.No.56 of 1988 on the file of the Sub Court, Srivilliputhur.
2. The learned counsel appearing for the petitioners would submit that the petitioners are land losers, as their land was acquired by the Government. However, the compensation was not fully paid. The total compensation awarded by the first respondent in the year 1987 was Rs.5,56,008/-, out of which only a sum of Rs.77,101/- was paid, leaving the balance unpaid. Hence, the petitioners filed an execution petition in E.P.No.6 of 2012 seeking attachment of the respondent's property for non-payment of the compensation amount. However, the said execution petition was closed on 10.03.2025 without assigning any reason. Challenging the same, the present revision petition has been filed.
3. This Court, by order dated 21.07.2025, directed the first respondent to 2/5
file a calculation memo regarding the land acquired from the petitioners, covering the period from the 4(1) notification until the disposal of L.A.O.P.No. 56 of 1988, including the details of the amount already paid. Subsequently, on 30.07.2025, this Court further directed the respondents to settle the remaining amount payable to the land losers/petitioners by calculating the interest as on 28.08.2025. Pursuant thereto, the State prepared a calculation statement and arrived at a total compensation of Rs.22,76,266/-. The said amount was sanctioned by the Superintending Engineer, Tamil Nadu Housing Board, on 26.08.2025, communicated to the Financial Secretary, Tamil Nadu Housing Board, and approved by the District Revenue Officer on 26.08.2025.
4. In view of the subsequent development, the respondents are directed to deposit the sum of Rs.22,76,266/- (Rupees Twenty Two Lakhs Seventy Six Thousand Two Hundred and Sixty Six only) to the credit of L.A.O.P.No.56 of 1988 on the file of the Sub Court, Srivilliputhur, within a period of two weeks from the date of receipt of a copy of this order. The trial Court is further directed to disburse the said amount to the petitioners after deducting the applicable TDS.
5. Accordingly, the Civil Revision Petition stands allowed. No costs. 28.08.2025 Internet:Yes/No Index:Yes/No TSG 3/5
To 1.The Sub Court, Srivilliputhur.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI , J.
TSG 28.08.2025 5/5