Madras High CourtCMP(MD)/16240/2023dismissed

The District Collector v. M.P.Palanivelrajan

2024-09-02Honourable Mr Justice Sunder Mohan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Second day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice SUNDER MOHAN in CMA(MD) SR No.54046 of 2008 1 THE DISTRICT COLLECTOR VIRUDHUNAGAR DISTRICT.

2 THE COMMISSIONER, NARIKUDI PANCHAYAT UNION, VIRUDHUNAGAR DISTRICT.

3 THE PRESIDENT, NARIKUDI PANCHAYAT UNION, VIRUDHUNAGAR DISTRICT.

... Petitioners / Petitioners / Petitioners / Appellants Vs M.P.PALANIVELRAJAN ... Respondent / Respondent / Respondent / Respondent Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Modify the order dated 02.11.2023 in CMA(MD). SR No.54046 of 2008 by modifying the observation should have been deposited with interest and the respondent is permitted to withdraw 50 per cent of the deposit amount as the compensation should be deposited and the respondent may be permitted to withdraw the deposit of compensation on receipt of the final orders in the present CMA pending before 1/3

this Honourable Court.

Prayer in CMP(MD). 10690/ 2016 :

To set aside and restore the order in M.P.No.2 of 2009 in C.M.A.S.R(MD) No.54046 of 2008 dated 21.10.2016.

Prayer in CMA(MD) SR No.54046 of 2008:

To set aside the order passed in MCOP No.2432 of 2002 dated 21.04.2008 on the file of Motor Accident Claims Tribunal (Additional District Court), Madurai. ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.VEERAKATHIRAVAN, Additional Advocate General assisted by Mr.V.OM PRAKASH, Government Advocate for the petitioners and of Mr.K.MURALEEDHARAN, Advocate on behalf of the Respondent, the Court made the following order:- C.M.P(MD)No.16240 of 2023 is filed to modify the order dated 02.11.2023 passed in CMA(MD)SR.No.54046 of 2008. C.M.P(MD)No.10690 of 2016 is filed to set aside and restore the order in M.P.(MD)No.2 of 2009 in C.M.A.SR(MD)No.54046 of 2008.

2.Heard Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.Omprakash, learned Government Advocate. Mr.K. Muraleedharan, learned counsel takes notice for the respondent.

3. Considering the submissions made on either side, C.M.P(MD)No.16240 of 2023 is dismissed. C.M.P(MD)No.10690 of 2016 is ordered as prayed for.

4. Time is extended by two weeks to deposit the interest amount. 2/3

5. Post the appeal for admission on 17.09.2024. sd/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

CM To The Additional District Judge, Motor Accident Claims Tribunal, Madurai.

ORDER

IN in CMA(MD) SR No.54046 of 2008 Date :02/09/2024 ED/ /SAR- (14/09/2024) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3