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Madras High CourtAS(MD)/23/2015partly allowed

The Special Tahsildar(La), v. R. Panchavarnam,

2021-01-27Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand Twenty One PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR THE SPECIAL TAHSILDAR(Land Acquisition),, SOUTH NEIGHBOURHOOD SCHEME, UNIT-I , MADURAI.. ... Appellant/Referring Officer Vs S.Ramanujam(Died) 1 R. PANCHAVARNAM, 2 R. KANNAN, S/O. RAMANUJAM, 3 R. HARIRAJAN, ... Respondent 1 to 3/Claimants 2 to 4 4 THE EXECUTIVE ENGINEER AND ADMINISTRATIVE OFFICER, Tamil Nadu Housing Board, Madurai.

... Respondent No.4 / Beneficiary Prayer:- Appeal filed under Section 54 of the Land Acquisition Act, against the Judgment and Decree dated 17.01.2002, made in L.A.O.P. No.59 of 1991 on the file of the III Additional Subordinate Court, Madurai.

DECREE:- This Appeal coming on for hearing on this day, 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 Suit and upon hearing the arguments of MR..J.GUNASEELAN MUTHIAH, ADDL.GOVT.PLEADER, on behalf of the Appeallant and of J.BHARATHAN, Advocate for the respondents 1 to 3 and of 4th Respondent not appearing either in person or by an advocate, while this court allowing the appeal in part and in modifying the award of the Tribunal, this Court doth order and decree as follows:- 1/3

(1) That the Compensation awarded by the Tribunal be and hereby is reduced from Rs.1500/- per Cent to Rs.1050/- per cent (Rupees One thousand and fifty only);

(2) That the Appellant herein/Land Acquisition officer be and hereby is directed to pay compensation amount as awarded herein together with interest at the rate as awarded by the Land acquisition Tribunal;

(3) That in all other respects the award of Tribunal below do Stand; and

(4) That there be no costs in this Appeal.

SCHEDULE OF PROPERTY Madurai North Taluk, Thathaneri Village S.No.49/6. 19 cent S.No.52/3 20 cent, S.No.52/4B, 63 cent Total 1 Acre 2 Cent. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1) The III Additional Subordinate Judge, Madurai. Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to Special Govt.Pleader ( SR-2339 dated 29/01/2021 ) +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-2333 dated 29/01/2021 ) 2/3

ORDER DATED : 27/01/2021 ========================== DECREE ========================== Nature of Decree:- Allowing the Appeal in part against the Judgment and Decree dated 17.01.2002, made in L.A.O.P.

No.59 of 1991 on the file of the III Additional Subordinate Court,Madurai. etc., as stated within.

SVN(CO) TR(17.02.2021) 3P 6C 3/3