LAWS(MAD)-2009-4-733

JEYARAJ NADAR Vs. SPECIAL TAHSILDAR (LAND ACQUISITION)

Decided On April 17, 2009
Jeyaraj Nadar Appellant
V/S
SPECIAL TAHSILDAR (LAND ACQUISITION) Respondents

JUDGEMENT

(1.) The revision petitioner/claimant has filed the Civil Revision Petition as against the order dated 05.11.2008 in E.A. No. 811 of 2008 in L.A.O.P. No. 30 of 2002 passed by the learned Additional District Judge (Fast Track Court No. 1), Tirunelveli in dismissing the application filed by the revision petitioner praying for issuance of a cheque of Rs. 9,59,687/- in favour of his counsel.

(2.) It transpires that the revision petitioner/claimant has filed E.A. No. 811 of 2008 in L.A.O.P. No. 30 of 2002 before the learned Additional District Judge (Fast Track Court No. 1), Tirunelveli inter alia stating that the respondent/referring officer has deposited a sum of Rs. 9,61,155/- towards the compensation in respect of the land that has been acquired and therefore, has prayed for an issuance of cheque for a sum of Rs. 9,59,687/- in favour of his counsel before the learned Additional District Judge (Fast Track Court No. 1), Tirunelveli. The respondent/ referring officer has filed a counter stating that an appeal has been filed against the enhanced award amount in A.S. No. 26 of 2007 before this Court and in such cases, the appellate court would allow the claimant to withdraw 25% of the award amount without security and that the claimant has to seek permission only from the appellate forum.

(3.) After contest, the learned Additional District Judge (Fast Track Court No. 1), Tirunelveli has dismissed the application stating that in view of the appeal having been filed by the respondent/referring officer before the High Court has not been inclined to allow the application and resultantly dismissed the same.