UNION OF INDIA Vs. FIRST ADDITIONAL SUB-JUDGE

JUDGEMENT

(1.) The prayer in the writ petition is for issuance of Writ of Certiorarified Mandamus to quash the Judgment and decree dated 14.10.1996 passed in LAOP No. 154 of 1983 on the file of the I Additional Sub-Judge, Madurai and to direct the I Additional Sub-Judge, Madurai to proceed afresh for determination of the reference in accordance with law by issuing notice to the petitioner and giving opportunity.

(2.) The petitioner is the Union of India represented by its Postmaster General, Southern Region, Tamil Nadu, Madurai. The facts leading to the filing of the writ petition could be briefly set out as hereunder:

(3.) Thereafter, the petitioner department were not aware of the any further proceedings and only when, they received a communication from the second respondent dated 12.06.2002 stating that the I Additional Sub-Court, Madurai has passed a Judgment by enhancing a compensation to Rs. 100/- per sq.ft. for land and Rs. 200/- per sq.ft. for constructed area and the second respondent calling upon the petitioner to send a cheque for Rs. 34,87,173/- towards the enhanced compensation. Immediately, the petitioner by communication dated 16.07.2002 addressed to the second respondent, brought to his notice that they were not informed about the orders passed by the reference Court and that the reference Court has increased the compensation without issuing any notice to the petitioner department, who has to pay the enhanced compensation and the petitioner being a interested person. The Revenue authorities ought to have brought it to the notice of the petitioner about the LAOP proceedings. In the above said factual background, the petitioner is before this Court challenging the Judgment and decree passed by the reference Court.