Petition to modify the decree in an earlier appeal under the Land Acquisition Act after the acquiring body deposited the balance enhanced compensation cheque. Court noted the full amount was deposited on 26.06.2025, permitted raising calculation errors before the Execution Court, and directed registry to correct the appearance portion.
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.
CMP(MD). No.1107 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction
Friday, the Twenty Seventh day of June Two Thousand and Twenty Five
PRESENT
The HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN
CMP(MD). No.1107 of 2024 in A.S.(MD)No.109 of 2012
1.Nasurnnisha, 2.Kairunnisha, 3.Bajbee, 4.Sarabai, 5.Kamarunnisha, 6.Meer Ahamed Ibrahim, 7.Rafia Basree, 8.Saiyed Luckmaan Hakkeem,
.. Petitioners -Vs1 The Revenue Divisional Officer, Madurai. 2 The Executive Engineer And Administrative Officer, Tamil Nadu Housing Board Madurai. ..Respondents Prayer in CMP(MD)No.1107 of 2024;This Civil Miscellaneous Petition filed under Section 151 of C.P.C.,to Modify the Decree and Judgment in AS No.109 of 2012 by
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CMP(MD). No.1107 of 2024
b)modifying the finding in Paragraph 9 of the Judgement as if “the balance amount shall be withdrawn by the 2nd respondent
c)modifying the finding in Clause 2 of the Decree as if “ the balance amount shall be withdrawn by the 2nd Respondent since the 2nd Respondent has deposited the entire amount awarded by the Tribunal” and then direct the Respondents to deposit the entire award amount with accrued interest after deducting a sum of Rs.14,88,081/- already deposited.
d)mentioning that the appeal is dismissed as against R1,R2 &R4 instead of R1 to R3.
e)incorporating the clause “the award in respect of all other aspects is confirmed” in the Decree.
Prayer in A.S(MD)No.109 of 2012;-
Appeal Suit filed under Section 54 of the Land Acquisition Act,1894 to set aside the judgmet and decree passed in LAOP No.33/1997 dated 29/06/2001 on the file of the III Additional Subordinate Court, Madurai.
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CMP(MD). No.1107 of 2024
ORDER:- This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.M.Kannan, Advocate for the Petitioner and of Mr.M.Muthumanikkam Government Advocate for the 1st respondent and of Mr.A.Kannan Advocate for the 2nd respondent, this Court made the following order:
The petitioner filed this petition to modify the decree and Judgment in A.S. (MD)No.109 of 2012 as mentioned in the petition.
2.The learned counsel for the petitioner would submit that there was a representation about the deposit of entire amount, which was not correct.
3.The learned Government Advocate on instructions would submit that inadvertently there is a representation that the entire award amount was deposited. But after that he deposited the entire amount on 26.06.2025. He has produced the letter sent to the learned Additional Sub Judge, Madurai to that effect, wherein, it has been stated as follows:
“As ordered by the Sub-Court, Madurai in L.A.O.P.No.33/1997 the Tamil Nadu Housing Board, Chennai have sanctioned a sum of Rs.52,77,759/- being the Enhanced Compensation Amount, vide reference
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CMP(MD). No.1107 of 2024
1 cited, and the Executive Engineer, Uchapatti Thoppur Satellite Town Division, Madurai has forwarded the cheque for Rs.47,49,983/- (Rupees
forty Seven Lakhs forty nine thousand nine hundred and eighty three only) vide in the reference 2nd cited, after deducting necessary Income Tax amount of Rs.5,27,776/-.
In this regard, I enclose a cheque for Rs.47,49,983/- (Rupees Forty Seven Lakhs Forty Nine thousand nine hundred and eighty three only) bearing cheque No.404233, dated 26.06.2025, of Canara Bank, Madurai.”
4.The learned counsel for the Land owner produced the calculation memo. The
learned counsel is permitted to raise the calculation error before the Execution Court.
5.Inadvertently, in the order copy in the appearance portion, it was wrongly mentioned as “RR1 to 3 : Dismissed”. But, R1 in this case died. R4 also died. RR3 and 5 to 11 are represented by their counsel Mr.V.Nagendran. Registry is directed to carry out necessary amendments in this regard in the appearance portion of the order copy of the Judgment passed in A.S.(MD).No.109 of 2012 and issue fresh order copy to the parties.
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CMP(MD). No.1107 of 2024
6.Accordingly, this civil miscellaneous petition stands disposed of.
Sd/-
ASSISTANT REGISTRAR ( CS - III ) // True Copy //
/ /2025 Sub Assistant Registrar ( CS-I / II / III / IV ) Madurai Bench of Madras High Court, Madurai.
TO
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai.
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CMP(MD). No.1107 of 2024
+1 CC to M/s.M.KANNAN, Advocate ( SR-37825[F] dated 27/06/2025 ) +1 CC to M/s.A.KANNAN, Advocate ( SR-37870[F] dated 27/06/2025 )
+1 CC to M/s.SPL.GP ( SR-38313[F] dated 30/06/2025 )
ORDER DATED : 27/06/2025
==========================
ORDER ==========================
CMP(MD). No.1107 of 2024
AS - ( 02.07.2025) 6P/ 8 C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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1 issue framed by the court
Should the decree and judgment in A.S.(MD) No.109 of 2012 be modified to record deposit of the entire enhanced award amount and correct the dismissal entries regarding respondents?
2 provisions across 2 enactments
Nasurnnisha
Kairunnisha
Bajbee
Sarabai
Kamarunnisha
Meer Ahamed Ibrahim
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
