Madras High Court
CRP/4562/2023 of THE LAND ACQUISITION OFFICER AND Vs RAMALINGAM on 29 September 2026
CRP No. 4562 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 4562 of 2023
& CMP.No.27335 of 2023
CNR: {HCMA011944482023}
The Land Acquisition Officer And
Special Tahsildar (LA) Adi Dravidar Welfare, Namakkal
..Petitioner(s)
Vs
Ramalingam
..Respondent(s)
Prayer: Civil Revision Petition filed under Section 115 of CPC, to set aside the fair and decreetal order dt. 24.08.2023 made in REA No.4/2023 in REP
No.66/2018, on the file of Honble Additional Sub Court, Namakkal.
For Petitioner(s):
Mr.P.Sunil
Government Advocate
For Respondent(s):
Mr.S.Ramesh
for Mr.S.Senthil
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ORDER
Heard Mr.P.Sunil, learned Government Advocate for the revision petitioner and Mr.S.Ramesh, learned counsel for the respondent.
2. Both the petitioner, as well as the respondent have filed their respective calculation memos. The learned counsel also invited my attention to the calculation that has been adopted by the Reference Court, arriving at a sum of
CRP No. 4562 of 2023
Rs.34,48,132/-. After hearing the arguments of the learned counsel in part, the learned counsel was directed to file fresh calculation, deducting the amount of Rs.2,48,434/-, which was already paid by the Land Acquisition Officer. The said amount has been deducted and a fresh calculation memo dated 15.09.2026 is filed, in terms of which, the amount payable by the petitioner, as if 23.08.2026 is Rs.44,57,844/-.
3. The learned Government Advocate takes exception to the award of interest and solatium since the decree is silent with regard to both and he contends that it is only after the judgment of the Hon'ble Supreme Court, the claimant can be entitled to interest and solatium. The acquisition is of the year 21.08.1990 and award came to be passed way back on 11.05.1993. The claimant is aged 85 years and despite losing his valuable lands, till date, the petitioner has not been able to enjoy the real fruits of the compensation amount to be awarded to him under the statute. In the light of the above, I do not see any necessity to put technicalities and small calculation errors against the claimants.
4. In order to balance equities and considering that the matter has been pending for several decades, I am inclined to direct the petitioner to pay the respondent/claimant a sum of Rs.44,00,000/- in full quits, within a period of 12 weeks from the date of receipt of a copy of this order. In the event of the said amount of Rs.44,00,000/- not being paid, despite the concession shown to the
CRP No. 4562 of 2023
petitioner, within the stipulated period of 12 weeks, then the petitioner shall also be liable to pay interest at 9% for the delayed amount, besides being given to the respondent to proceed against the properties of the petitioner.
5. With the above direction, the Civil Revision Petition is disposed of. No costs. Connected Civil Miscellaneous Petitions, if any, are closed. 29-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
CRP No. 4562 of 2023
P.B.BALAJI, J. ATA To The Additional Sub Court, Namakkal. CRP No. 4562 of 2023 29-09-2026