Aathi Narayanan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD).No.23345 of 2016 Aathi Narayanan .. Petitioner Vs.

1.The District Revenue Officer, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram.

3.The Special District Revenue Officer, (LA-NH), Madurai Danuskodi-NH-49, Extension Scheme, Unit-II, Ramanathapuram.

4.The Project Director, National Highways Authority of India, Karaikudi.

5.Arumugam .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 3rd respondent

Na.Ka./NH.49/Unit-V/157/2013, dated 05.10.2016 and quash the same consequently to direct the 3rd respondent to disburse the award amount of Rs.4,64,608/- to the petitioner within a stipulated period. For Petitioner :

Mr.V.Vinayagamoorthy For R1 - R4 :

Mr.D.S.Neduncheziyan Government Advocate For R5 :

Mr.P.Karthick

ORDER

The present writ petition has been filed to quash the impugned order passed by the 3rd respondent, dated 05.10.2016 and to direct the 3rd respondents to disburse the award amount of Rs.4,64,608/- to the petitioner.

2. It is informed by the learned Government Advocate that an appeal is pending between the private parties in A.S.No.13 of 2022 on the file of the Principal District Court, Ramanathapuram and till the disposal of the above appeal, the amount cannot be disbursed. It is also informed that a sum of Rs.4,65,608/- has been deposited to the credit of N.H/O.P.No.76 of 2022 on the file of the Principal District Court,

Ramanathapuram and the same is lying in the deposit of Principal District Judge, Ramanathapuram.

3. Considering the fact that an appeal is pending between the parties, this writ petition is disposed of on the following terms: (i) The amount which is now lying in the Court deposit shall be deposited into any interest earning deposit with a Nationalized Bank;

(ii) The Principal District Judge, Ramanathapuram is directed to dispose of A.S.No.13 of 2022 within a period of four (4) months from the date of receipt of copy of this order. (iii) Depending on the result of the first appeal, the amount shall be disbursed to the parties.

4. With the above direction, this writ petition stands disposed of. No costs.

20.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Revenue Officer, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram.

3.The Special District Revenue Officer, (LA-NH), Madurai Danuskodi-NH-49, Extension Scheme, Unit-II, Ramanathapuram.

4.The Project Director, National Highways Authority of India, Karaikudi.

P.T.ASHA, J.

gbg 20.08.2024