The Madras High Court allowed a Civil Revision Petition under Article 226, directing the special tahsildar to pay the appellant a compensation sum of Rs.2,48,805/- plus solatium and interest.
Directed respondent to pay Rs.2,48,805/- compensation, 15% solatium, and 6% interest from date of possession.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP(MD)(NPD). No.2663 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Civil Appellate Jurisdiction )
Monday, the Eighth day of February Two Thousand and Twenty One
PRESENT
The Hon'ble Mr.Justice R.SUBRAMANIAN
CRP(MD)(NPD). No.2663 of 2010
MOHAMEED ALI JINNA, S/O. S.M. AHAMED MUSTAFA 28-A LALAMIAN STREET CHERANMAHADEVI AMBASAMUDRAM TALUK , TIRUNELVELI DISTRICT.. ...Petitioner/ Appellant/(Claimant)
Vs
THE SPECIAL TAHSILDAR - ADI - DRAVIDAR WELFARE CUM LAND ACQUISITION OFFICER, CHERANMAHADEVI, AMBASAMUDRAM TALUK,, TIRUNELVELI DISTRICT.. ...Respondent/Respondent/Referring officer.
Prayer:-
Civil Revision Petition filed under Article 227 of the Constitution of India. preferred against the judgment and decree of Subordinate Judge,Ambasamudram Dated (*)21.12.2001 passed in C.M.A.No.5 of 1997.
DECREE:-
This Civil Revision Petition having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Tribunal and the material papers to the Appeal and upon hearing the arguments of M/S.T.M.HARIHARAN, Advocate for the Appellant and of M/S.V.R.SHANMUGANATHAN, Special Government Pleader for the respondent,while allowing this Civil Revision Petition, this Court doth order and decree as follows:-
(1) That the petitioner/appellant/ Claimant shall entitle to a sum of Rs.2,48,805/- as compensation for the value of the land acquired along with solatium at 15% and interest at 6% from the date of taking possession, till the date of payment.
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CRP(MD)(NPD). No.2663 of 2010
(2) That the respondent/referring officer be and hereby is directed to pay the award amount after deducting, already paid if any, to the petitioner/appellant/claimant and
(3) That there be no costs in this Civil Revision Petition.
Sd/-
Assistant Registrar (CS-II)
(*)Corrected order
Sd/-
Assistant Registrar (CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
TO (*)To be Substituted the order already despatched on 02.03.2021
The Subordinate Judge, Ambasamudram
Copy to:
The Section Officer,(2C) V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies +1 CC to M/s.T.M.HARIHARAN, Advocate ( SR-3877 dated 09/02/2021 )
ORDER DATED : 08/02/2021 ========================== DECREE ========================== CRP(MD). No.2663 of 2010
Nature of Decree:- Allowing the Civil Revision Petition preferred against the judgment and decree of the Subordinate Judge, Ambasamudram Dated (*)21.12.2001 made in C.M.A.No.5 of 1997.
KB(25.02.2021) 2P 5C TR(19.04.2021) 2P 5C
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1 issue framed by the court
Whether the Civil Revision Petition allowed under Article 226 of the Constitution in respect of land acquisition compensation dispute.
1 provisions across 1 enactments
MOHAMEED ALI JINNA, S/O. S.M. AHAMED MUSTAFA
THE SPECIAL TAHSILDAR
R.SUBRAMANIAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
