This Revision is directed against the order of the lower Court made in EP.No.3 of 2005 in LAOP.No.2 of 1998, dated 16.12.2008, in ordering attachment with police aid over the schedule of properties mentioned therein.
2.The Execution Petition was launched in E.P.3 of 2005 in LAOP.No.2 of 1998 for the collection of Rs.22,83,559-60 being the compensation amount and the other benefits with subsequent interest after deducting the previous payment and in default to pay the amount, to attach all the movables described in the schedule of properties at the Office of Land Acquisition Officer and Special Deputy Collector for Land Acquisition, M.M.C.Buildings, Chennai-8. For non-payment of the said amount, the Execution Court had passed an order of attachment on 16.12.2008 returnable by 03.02.2009.
3.Heard Mrs.Bhavanisubbarayan, learned Additional Government Pleader for the revision petitioner and Mr.S.Krishnasamy, learned counsel for the respondent.
4.According to the submissions made by the learned Additional Government Pleader, the amount had already been sanctioned by the Government and it was wrongly taken the cheque in the name of Tahsildar instead taking the cheque to the credit of the LAOP or to the claimants, therefore, the cheque was returned and in the meantime, the financial year was over and another financial year commenced and therefore, another sanction is necessary for the payment. She would further submit that the administrative delay has been caused in depositing the said amount and therefore, the attachment of the movables of the respondent's Office need not be pressed and the amount would soon be paid by the revision petitioner to the respondent. She would request the Court to grant eight weeks time for depositing the said amount into the Court. She would further submit that the order of attachment passed by the lower Court may be ordered to be set aside and the Revision may be allowed.
5.The learned counsel for the respondent/decree holder would submit in his argument that the Officers of the Government have prolonged the payment of the compensation amount despite the Government had passed a Government Order to pay the compensation amount to the decree holder and the respondent/decree holder was waiting for several long years despite he had parted with the land some 10 years ago and the revision petitioner was taking time after time under the pretext of payment of the amount, but he is not depositing the amount and therefore, the order of attachment need not be set aside and the Revision may be dismissed.
6.Considering the submissions made on either side, this Court could understand that the outstanding amount payable by the revision petitioner to the respondent was above Rs.22 lakhs. There is no dispute over the quantum of payment. But the respondent/decree holder was aggrieved over the delay in payment despite the payment order was passed by the Government through the Government Order in his favour. Since the decree amount has not been deposited for a longer period, it is justifiable on the part of the respondent/decree holder to launch the execution proceedings and the lower Court is also correct in passing the order of attachment of movables. However, the lower Court ought to have fixed a time limit to pay the amount before making an order of attachment. Now, the learned Additional Government Pleader has sought for eight weeks time for payment of entire compensation amount with the accrued interest and benefits upto date before the Execution Court. Considering the present circumstance of the case, I am inclined to grant six weeks time to the revision petitioner to deposit the EP amount along with benefits and subsequent interest upto date before the Execution Court from the date of receipt of copy of this order.
7.Accordingly, the order of attachment passed by the lower Court on 16.12.2008 is set aside and the revision petitioner is given six weeks time to deposit the EP amount along with subsequent interest upto date before the Execution Court from the date of receipt of copy of this order. The Execution Court is directed to keep the execution proceedings pending for the deposit of the said amount by the revision petitioner/judgment debtor within six weeks from the date of receipt of a copy of this order. In default to deposit the said amount by the revision petitioner/judgment debtor, the Execution Court is at liberty to pass similar order of attachment with police aid against the revision petitioner and to proceed with the EP in accordance with law.
With the aforesaid observations, this Revision is ordered. Connected Miscellaneous Petition is closed. No costs.
07.08.2009 Index : Yes/No Internet: Yes/No ssv NOTE:- Issue on or before 10.08.2009 To The VI Assistant Judge, City Civil Court, Chennai.
V.PERIYA KARUPPIAH, J.
ssv C.R.P. (NPD) No.4299 of 2008 and M.P.No.1 of 2008 07.08.2009