The Hindu : Tamil Nadu News : High Court deprecates Coimbatore sub-judge

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Sunday, Dec 17, 2006
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Tamil Nadu

Tamil Nadu

High Court deprecates Coimbatore sub-judge

Special Correspondent

For ordering attachment of circuit house President A.P.J. Abdul Kalam, who is visiting Coimbatore on December 18, is scheduled to stay at the Circuit House.

CHENNAI: Deprecating a sub-judge for having ordered the attachment of a Government Circuit House in Coimbatore, the Madras High Court raised the attachment on Saturday.

President A.P.J. Abdul Kalam, who is visiting Coimbatore on December 18, is scheduled to stay at the Circuit House.

Raising the order of attachment, a Division Bench comprising Justice P.D. Dinakaran and Justice P.P.S. Janarthana Raja said: "We are of the view that the approach and attitude of the II Additional Subordinate Judge in Coimbatore and her non-application of mind, in having passed an order attaching the said premises even without a full-fledged inquiry into the matter, particularly in the context referred to above (Presidential visit), is liable to be deprecated."

When the matter was taken up on Saturday, Special Government Pleader V. Ravi told the Bench that the Judge chose to pass the attachment order on December 6 even after she was informed that in view of the President's visit the police had taken custody of the entire premises for security reasons.

Compensation claim

The matter relates to enhanced compensation claims of people whose land had been acquired for a Tamil Nadu Housing Board project. While a compensation of Rs. 200 a cent had been awarded, the aggrieved persons had moved the sub court, which raised it to Rs. 6,000 a cent in 2005.

On a Government appeal, the High Court stayed the enhancement on condition that the entire enhanced compensation will be deposited within 12 weeks. When a modification plea was preferred, the court modified its order saying the Government must deposit 50 per cent of the compensation and that the claimants could withdraw 50 per cent of the sum.

In his present petition, besides assailing the order of attachment, the Land Acquisition Officer-cum- Special Tahsildar, Housing Scheme, Coimbatore, said the order had caused embarrassment to the authorities. He said unless it was stayed he would be put to irreparable loss and hardship.

The Bench said, "We do not see any justification to direct the authorities to deposit 50 per cent of the compensation awarded nor to permit the claimants to withdraw 50 per cent of the amount deposited as ordered by the High Court." They then deleted both the directions and stayed all further proceedings before the Subordinate Court.

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