Vijaya v. The Executive Engineer
CMP(MD) No.11929 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Twenty PRESENT The Hon'ble Mrs.Justice J.NISHA BANU CMP(MD) No.11929 of 2019 IN AS(MD) No.205 of 2017 1 VIJAYA 2 MARISEKAR 3 VIJAYA SANKAR 4 NAGASUTHA ... PETITIONERS/RESPONDENTS 1 to 4 Vs 1 THE EXECUTIVE ENGINEER, POLICE HOUSING BOARD OFFICE, 6th CROSS STEET, JAWAHAR NAGAR, N.G.O.COLONY, PRESENT ADDRESS, THE EXECUTIVE ENGINEER, TAMIL NADU POLICE HOUSING CORPORATION LTD., OLD CONTROL ROOM CAMPUS, OLD POLICE HOSPITAL STREET, SAMATHANAPURAM,TIRUNELVELI. ... 1st RESPONDENT/APPELLANT 2 THE DISTRICT COLLECTOR, COLELCTORATE, KOKKIRAKULAM, TIRUNELVELI 9 3 THE EXECUTIVE ENGINEER, POLICE HOUSING BOARD OFFICE, NO.2, QUARTERS, TAMIL NADU POLICE 6TH PATTALIAN COMPAOUND, PUDUNATHAM ROAD, MADURAI.
4 THE COMMISSIONER OF POLICE, CITY COMMISSIONER OFFICE, HIGH GROUND ROAD, ANNA STADIUM NEAR, PALAYAMKOTTAI, TIRUNELVELI 2 ... 2 to 4 RESPONDENTS/ 5 to 7 RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Withdraw the award amount with interest as awarded to the petitioners from the court deposit in O.S. No.102/2015 on the file of the Principal District Court, Tirunelveli. https://hcservices.ecourts.gov.in/hcservices/ 1/2
CMP(MD) No.11929 of 2019 ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.SELVAN, Advocate for the petitioner and of Mr.AYIRAM K.SELVAKUMAR, Additional Government Pleader on behalf of the 2nd Respondent, the court made the following order:- This petition has been filed by the petitioners seeking to withdraw the award amount with interest from the Court deposit in O.S.No.102 of 2015 on the file of the Principal District Court, Tirunelveli.
2. The learned counsel for the petitioners submitted that the trial Court has directed the first respondent herein / appellant and the fourth respondent herein to pay a sum of Rs.7,44,000/- with 7.5% interest to the petitioners as compensation for the death of the first petitioner's husband and the father of the other petitioners. This Court, while granting interim stay of the said judgment only in favour of the first respondent herein / appellant, has directed the first respondent herein / appellant to deposit 25% of the decreetal amount in O.S.No.102 of 2015 and accordingly, the first respondent herein/appellant deposited Rs.2,68,743/- on the file of the trial Court. Now, the petitioners are in need of money for medical expenses and higher studies. Therefore, they have filed this petition seeking permission to withdraw amount in the deposit.
3. The learned counsel appearing for the first respondent/ appellant has no serious objection in allowing this petition.
4. Considering the above and also considering the facts and circumstances of the case, the petitioners are permitted to withdraw a sum of Rs.2,50,000/- (Two lakhs and fifty thousand only) from the deposit in O.S.No.102 of 2015 on the file of the Principal District Court, Tirunelveli.
5. This petition is accordingly ordered.
sd/- 21/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI.
ORDER IN CMP(MD) No.11929 of 2019 IN AS(MD) No.205 of 2017 GCG Date :21/07/2020 TE/PN/SAR-II : 24/07/2020 : 2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2