Disposed

Patharnisha v. the Land Acquisition Officer

Madras HC1 Mar 2017CMP(MD)/1997/2017

Case brief

AI extract

What is this about?

In a civil appeal petition, the Madras High Court permitted the petitioner to withdraw ten lakhs from the deposited award amount pending appeal disposal, subject to furnishing immovable security to the satisfaction of the respondent, considering medical emergencies.

What did the court decide?

Permission to withdraw Rs.10,00,000/- from deposited amount upon furnishing immovable security to the satisfaction of respondent.

Patharnisha Vs the Land Acquisition Officer — Madras HC (2017) — LawSathi Research

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )

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Wednesday, the First day of March Two Thousand Seventeen

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PRESENT

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The Hon`ble Mr.Justice M.DURAISWAMY

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CMP(MD) No.1997 of 2017 IN SA(MD) No.303 of 2014

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PATHARNISHA ... PETITIONER/RESPONDENT/ RESPONDENT

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THE LAND ACQUISITION OFFICER, SPECIAL TAHSILDAR(ADI DRAVIDAR WELFARE DEPARTMENT), NORTH CAR ST, SANKARANKOVIL, TIRUNELVELI DISTRICT. ... RESPONDENT/PETITIONER/ APPELLANT

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Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the petitioner to withdraw the amount deposited to the credit of CMA No.5 fo 2002 on the file of Land Acquistition Tribunal cum Sub Court, Sankarankovil pending disposal of the above SA(MD) 303/2014.

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Prayer in SA(MD). 303/ 2014 :

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To set aside the judgment and decree dated 31.08.2012 in CMA.No.5/2002 on the file of Sub Court, Sankarankovil, confirming the Award No.14/1997-98 (Na.Ka.No.A.2915/97 dated 26.03.1998) on the file of Land Acquisition of Special Tahsildar (ADW) and Land Acquisition Officer, Sankarankovil.

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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.ANTONY ARUL RAJ, Advocate for the petitioner and of Mr.R.ANANTHARAJ, Government Advocate on behalf of the Respondent, the court made the following order:-

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The petitioner/claimant has filed the above petition to permit her to withdraw the amount deposited to the credit of C.M.A.No.5 of 2002 on the file of the Land Acquisition Tribunal cum Sub Court, Sankarankovil.

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2.By an order, dated 19.03.2014, this Court while granting interim stay directed the respondent/appellant to deposit the entire https://hcservices.ecourts.gov.in/hcservices/ award amount to the credit of C.M.A.No.5 of 2002 and that the respondent/appellant had also complied with the conditional order,

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dated 19.03.2014. Now, the petitioner/claimant has filed the above petition seeking permission to withdraw the amount for the reason that her daughter is immobile and that she was operated upon in the months of February and March, 2016 and that she spent a sum of Rs.10,00,000/- towards her surgery. Further, the petitioner/claimant has stated that her daughter's hip and right knee were replaced and the left knee have to be replaced now. In these circumstances, the petitioner/claimant sought the permission for withdrawing the amount deposited by the respondent.

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3.Mr.R.Ananth Raj, learned Government Advocate appearing for the respondent submitted that the Reference Court had enhanced the compensation and therefore, the petitioner should not be permitted to withdraw the entire amount. However, the learned counsel appearing for the petitioner/claimant submitted that the petitioner/claimant is willing to give security for withdrawing a sum of Rs.10,00,000/- from the amount deposited by the respondent.

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4.In view of the submissions made by the learned counsel appearing on either side and also taking into consideration the averments stated in paragraph No.3 of the affidavit filed in support of the petition, I permit the petitioner/claimant to withdraw a sum of Rs.10,00,000/-(Rupees Ten Lakhs Only) from the amount deposited by the respondent to the credit of C.M.A.No.5 of 2002 on furnishing immovable security to the satisfaction of the respondent.

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5.With these observations, this petition is disposed of.

sd/-

01/03/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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THE SUBORDINATE JUDGE, SANKARANKOVIL.

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THE LAND ACQUISITION OF SPECIAL TAHSILDAR (ADI DRAVIDAR WELFARE DEPARTMENT)AND LAND ACQUISITION OFFICER, SANKARANKOVIL,

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+1. C.C. to M/S.T.ANTONY ARUL RAJ Advocate SR.No. 12048

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https://hcservices.ecourts.gov.in/hcservices/ PS TE/PM-PN/SAR-II : 03/03/2017 : 2P/4C

Patharnisha v. the Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Patharnisha v. the Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

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