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Madras High CourtWP(MD)/13401/2015disposed of

Chinnammal, v. The Secretary To Govt.,

2023-01-04Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.13401 of 2015 Chinnammal ..... Petitioner - Vs1. The Secretary to Government Housing Board, Fort St. George, Chennai - 9.

2. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nanthanam, Chennai.

3. The Executive Engineer, Cum Executive Officer, Tamil Nadu Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai.

4. The District Collector, Madurai District, Madurai.

5. The Special Tahsildar (Land Acquisition) North Neighbourhood Project, Ellis Nagar, Madurai - 10.

... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to pass an appropriate order as per the proceedings of the fourth respondent passed in Na.Ka.No.48503/2011/B.2, dated 20.09.2011 and consequently direct the respondents No.2 and 4 to disburse the enhanced award amount as per the decree and judgment dated 02.05.1986 passed in LAOP No.128/83 by the Sub Court, Madurai within the time stipulated by this Court.

For Petitioner : Mr.V.R.Venkatesan For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader (for R-1, R-4 and R-5) : Mr.R.Sivakumar Standing Counsel (for R-2 and R-3)

ORDER

The present Writ Petition has been filed seeking for a Mandamus to direct the second respondent to pass an appropriate order as per the proceedings of the fourth respondent passed in Na.Ka.No.48503/2011/B.2, dated 20.09.2011 and consequently direct the respondents No.2 and 4 to disburse the enhanced award amount as per the decree and judgment dated 02.05.1986 passed in LAOP No.128/83 by the Sub Court, Madurai within the time to be stipulated by this Court.

2/5

2. Now, the learned Standing Counsel appearing for the respondents 2 and 3 had produced a communication dated 01.04.2013 and submits that the enhanced compensation as per the Judgment and Decree made in LAOP No.128/83 has been deposited to the credit of the original petition. She had also produced the acknowledgment issued by the Sheristadar, Sub Court, Madurai for receipt of the enhanced compensation.

3. In view of the above said submission, this Writ Petition is disposed of. The petitioner is at liberty to approach the Sub - Court, Madurai for withdrawal of the said amount. If the petitioner finds any infirmity with the said deposit, it is open to the petitioner to take appropriate steps in accordance with law. There shall be no order as to costs. 04.01.2023 NCS: Yes / No (2/2) Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The Secretary to Government Housing Board, Fort St. George, Chennai - 9.

2. The Managing Director, Tamil Nadu Housing board, No.493, Anna Salai, Nandanam, Chennai.

3. The Executive Engineer, Cum Executive Officer, Tamil Nadu Housing Board, Madurai Housing Unit, Ellis Nagar, Madurai.

4. The District Collector, Madurai District, Madurai.

5. The Special Tahsildar (Land Acquisition) North Neighbourhood Project, Ellis Nagar, Madurai - 10.

4/5

K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.13401 of 2015 04.01.2023 (2/2) 5/5