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2020 Supreme(Mad) 2124

IN THE HIGH COURT OF MADRAS
N. Anand Venkatesh, J.
S. Anil Kumar – Appellant
Versus
The Government of Tamil Nadu and Ors. - Respondent
W.P. No. 31220 of 2019
Decided On : 24-09-2020

Advocates Appeared:
For the Appellant : P.S. Raman, Senior Counsel for S. Sathyaseelan
For the Respondent: D. Raja, Karthik Rajan, Benjamin George, S.R. Sumathy, Standing Counsels, A.R.L. Sundaresan, Senior Counsel for Mohanakrishnan and C.K. Chandrasekar

Headnote:

Land Acquisition Act 1894 - Section 30 and 31(2) , 28(A) , 4(1) - Writ of mandamus – Power of Attorney - Seeking direction 2nd respondent to implement Award passed by 3rd respondent and to pay compensation amount to petitioner - Case of petitioner is that one Mr. Vivekananda executed a registered Power of Attorney, in favour of petitioner and authorized petitioner to deal with the property, conduct any proceedings, prosecute any case and to do all necessary acts in respect of property - Held, Once enhanced compensation has been fixed by the 3rd respondent and it was directed to be paid in favour of petitioner, 2nd respondent did not have power to stop payment of compensation to petitioner - Alacrity with which 2nd respondent stopped payment and got entry reversed in the account of the petitioner and transferred the amount back through RTGS to the account of CMDA, is really astounding - Procedure adopted by 2nd respondent is something unheard of and it does not have support - Act of 2nd respondent in stopping payment and getting amount reversed in account of petitioner is patently illegal and hence, requires interference of Court - Petitioner shall make a representation to Manager, Indian Bank, High Court Branch, along with a copy of order and amount shall be paid to petitioner forthwith - order will not stand in way of the 8th and 9th respondents to make their claim against the petitioner, if any, in manner known to law - Petition is Allowed

ORDER :

N. Anand Venkatesh, J.

1. This writ petition has been filed for the issuance of a writ of mandamus directing the 2nd respondent to implement the Award passed by the 3rd respondent, dated 22.02.2019 and to pay the compensation amount to the petitioner.

2. The case of the petitioner is that one Mr. Vivekananda Chettiar executed a registered Power of Attorney, dated 27.11.2003 in favour of the petitioner and authorized the petitioner to deal with the property, conduct any proceedings, prosecute any case and to do all necessary acts in respect of the property in Survey Nos. 87/1 and 88/1B1B, measuring an extent of 1.54 Ares at Attanthangal Village, Redhills, Chennai. The Power of Attorney executed in favour of the petitioner was also confirmed by this Court by directing the Principal to be present before this Court and the Principal also filed an affidavit on 11.09.2019 to the effect that the petitioner is the power agent and he is the entitled to receive the entire compensation on behalf of him.

3. The subject property was acquired by the Notification issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called as the "Act"), dated 24.01.2006. The Section 6 declaration was made on 12.03.2007. The subject property was acquired along with a larger extent of property for the formation of an Outer Ring Road. The 5th respondent passed an Award on 16.02.2009 and fixed a compensation of Rs. 11,81,038/-

4. One of the adjacent land owner filed a Reference in L.A.O.P. No. 2 of 2011 before the Sub Court, Ponneri for enhancement of compensation. The compensation amount was also enhanced. The petitioner immediately made a representation seeking for the same enhancement with respect to the subject property also. The claim made by the petitioner was rejected.

5. The petitioner approached this Court and filed W.P. 27320 of 2016 seeking for enhancement of compensation by invoking Section 28(A) of the Act. This Court allowed the writ petition by an order dated 23.05.2016 and directed the 5th respondent to consider the claim made by the petitioner and pass a fresh Award. Thereafter, a fresh Award was passed for an extent of 1.11 Ares and Rs. 8,53,54,743/- was fixed as the enhanced compensation and was directed to be disbursed in favour of the petitioner by proceedings dated 22.02.2019.

6. The further case of the petitioner is that he received the enhanced compensation through an Account Payee Cheque drawn on the 7th respondent Bank, dated 28.08.2019 for a sum of Rs. 8,53,54,736/-. The cheque was deposited on 29.08.2019 by the petitioner in his bank viz., 6th respondent Bank. According to the petitioner, the cheque was sent for collection and amount was also credited in his account on 30.08.2019.

7. The petitioner was shocked to find that the amount that was credited in his account was reverted to the 2nd respondent's account for the reason "Payment Stopped by the Drawer".

8. The petitioner enquired with the 5th respondent and he was informed that an objection was received from the 8th respondent to the effect that the petitioner has fraudulently received compensation for the properties in S. Nos. 84, 78/1 and 83/1, even though the Power of Attorney was given in favour of the 8th respondent. That apart, the 8th respondent has also stated that the petitioner undertook to release the compensation amount and in spite of the same, he went back on the promise. A criminal complaint was also filed in this regard. Taking into consideration the objection made by the 8th respondent, the amount was reverted back to the 2nd respondent. Aggrieved by the same, the present writ petition has been filed before this Court.

9. Mr. P.S. Raman, learned Senior Counsel appearing on behalf of the petitioner made the following submissions:

• The 2nd respondent ought not to have acted like a garnishee based on the objection given by the 8th respondent and taken back the compensation amount more particularly since the 8th and 9th respondents are claiming compe

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