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Madras High CourtWP(MD)/23260/2022settled before the lokadalats

Vishnu Priya Damodaran.D v. The District Collector

2023-07-08Honourable Mr Justice R.Vijayakumar4 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of July 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice R.VIJAYAKUMAR and Members Mr.JOHN R.D.SANTHOSAM, District Judge(Retd) (Member) and Mr.A.HAJA MOHIDEEN, (Member) WP(MD) No.23260 of 2022 and W.M.P(MD)Nos.17357 & 17358 of 2022 Vishnu Priya Damodaran.D

...Petitioner

Versus

1.The District Collector 3.Rail Vikas Nigam Limited Government of India Enterprise, Tirunelveli Represented by its Deputy General Manager / Civil. 4.The Manager Rail Vikas Nigam Ltd., Southern Railway, Chennai.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the petitioner Mr.H.Thayumanaswamy and the counsel for the respondents 1 & 2 Mr.J.John Rajadurai, Government Advocate and the counsel for the respondents 3 & 4 Ms.S.Vedhavalli, are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

AWARD The present writ petition has been filed challenging the order of the second respondent/District Revenue Officer refusing to pay the enhanced interest for the land acquired for the Railways.

2. Now, the fourth respondent has appeared in person on behalf of the third respondent also. He had agreed to pay a sum of Rs.32,67,247/- (Rupees Thirty two Lakhs Sixty seven Thousand Two hundred and forty seven only) to the writ petitioner on the basis of the agreement dated 17.07.2019 towards interest on the basis of the land value. The fourth respondent had agreed to disburse the said amount to the writ petitioner within a period of eight weeks.

3. The writ petition is disposed of on the above terms. Consequently, connected miscellaneous petitions are closed. Vishnu Priya Damodaran.D Counsel for the Petitioner 1.The District Collector

Government Advocate 3.Rail Vikas Nigam Limited Government of India Enterprise, Tirunelveli Represented by its Deputy General Manager / Civil.

4.The Manager Rail Vikas Nigam Ltd., Southern Railway, Chennai. Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed. JUDGE

MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. The District Collector

3. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

4. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed By BALAJI PA To The Hon'ble Judges