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2025 DAILYLAW 98923 (MAD)

J. MEGANATHAN v. The Special Thasildar (Land Acquisition)

CRP/4997/2025 · 2025-10-15

P B Balaji

Transfer Petitionbody2025

Judgment text

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C.R.P.No.4997 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-10-2025 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.No.4997 of 2025 J.Meganathan .... Petitioner vs The Special Thasildar (Land Acquisition), Adi Dravidar Welfare, Tirupattur ... Respondent Revision filed under Article 227 of the Constitution of India to call for the records of the Subordinate Judge, Tiurpattur and set aside the docket order passed on 04.02.2025 in I.A.S.R.No.5820 of 2024 in L.A.A.No.02 of 2002 on the file of Subordinate Judge, Tirupattur and to direct the learned Special Sub Court (LAOP cases), Vellore to number the cheque petition in I.A.S.R.No.5820 of 2024 in L.A.A.No.02 of 2002 on the file of Subordinate Judge, Tirupattur upon representatioin and to take it on file and allow the cheque petition upon fulfilment of identification of party criteria. For Petitioner : Mr.S.Thamizharasi For Respondents : Mr.N.Muthuvel Govt.Advocate (CS) ORDER 1/6 https://www.mhc.tn.gov.in/judis C.R.P.No.4997 of 2025 The petitioner was the owner of the lands in Ambur Town. The lands were acquired by the respondent under the Adi Dravidar Welfare Scheme for construction of a Hostel and an Award also came to be passed in March 2002. The said Award was challenged by the revision petitioner and the Sub Court has enhanced the compensation awarded to the petitioner/claimant. The appeal, preferred by the respondent was unsuccessful with dismissal of Second Appeal in S.A.No.497 of 2008 dated 03.08.2018. As the entire compensation amount for Rs.25,47,441/- was deposited before the Special Sub Court (LAOP cases), Vellore, the petitioner filed an application for payment out of the amount legitimately due and payable to the petitioner. However, when the petitioner filed the application for payment out, the application was returned on the ground of the Court having no jurisdiction. Taking a cue from the returns, the petitioner moved the Sub Court, Tirupattur for payment out. However, the Sub Court, Tirupattur also has not entertained the payment out application stating that all records are only with Special Sub Court (LAOP Cases), Vellore. Though it appears that there has been trifurcation of the Vellore District, the compensation amount has been deposited only before the Special Sub Court (LAOP Cases), Vellore and further, even according to the jurisdictional court, Tirupattur, the entire 2/6 https://www.mhc.tn.gov.in/judis C.R.P.No.4997 of 2025 records have been forwarded to the Vellore Court and in fact a reference number has already been given by the Sub Court, Tirupattur while returning the application. 2. The petitioner, having lost his lands way back in March 2002 cannot be made to run from pillar to post for payment out of the compensation due and payable to him, especially when the matter attained finality and the compensation amount is lying with the Special Sub Court (LAOP Cases) at Vellore. Therefore, I am inclined to set aside the docket order of return dated 04.02.2025 in I.A.SR No.5820 of 2024 in L.A.A.No.2 of 2002 on the file of Subordinate Judge, Tirupattur. 3. The Special Sub Court (LAOP Cases), Vellore shall number the cheque petition in I.A.SR.No.5820 of 2024 in L.A.A.No.2 of 2002, if it is otherwise in order. 4. The learned Government Advocate appearing for the respondent states that since the matter attained finality, they do not have any objection for the petitioner being paid out the compensation amount awarded by the 3/6 https://www.mhc.tn.gov.in/judis C.R.P.No.4997 of 2025 Court which came to be confirmed by this Court in S.A.No.497 of 2008. Learned Government Advocate would state that the respondent has not come in the way of the petitioner withdrawing the compensation and the issue is only between the petitioner and the Court concerned. 5. In the light of the above, I am inclined to set aside the docket order of return dated 04.02.2025 in I.A.SR No.5820 of 2024 in L.A.A.No.2 of 2002 on the file of Subordinate Judge, Tirupattur. The Special Sub Court (LAOP Cases), Vellore after formally numbering the application, shall allow the payment out application and ensure that the compensation is paid out to the petitioner within a period of six weeks from the date of receipt of a copy of this order. 6. In the result, the civil revision petition is allowed. No costs. 15.10.2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr To 1. The Special Sub Court (LAOP Cases), Vellore 4/6 https://www.mhc.tn.gov.in/judis C.R.P.No.4997 of 2025 2. The Subordinate Court, Tirupattur 5/6 https://www.mhc.tn.gov.in/judis C.R.P.No.4997 of 2025 P.B.BALAJI.,J sr CRP No.4997 of 2025 15.10.2025 6/6 https://www.mhc.tn.gov.in/judis