The civil revision petitioner/claimant has filed this Civil Revision Petition aggrieved against the order dated 05.11.2008 in E.A.No.812 of 2008 in L.A.O.P.No.31 of 2002 on the file of the learned Additional District Judge(Fast Track Court No.1), Tirunelveli, in dismissing the application filed by the revision petitioner seeking issuance of cheque for a sum of Rs.9,59,687/- in favour of his learned counsel.
2. The trial court has dismissed the said E.A. assigning a reason that an appeal has been preferred against the award passed in L.A.O.P.No.31 of 2002 dated 05.11.2008. It is not in dispute that the compensation amount has been deposited before the trial court. Admittedly, when an appeal A.S.No.27 of 2007 is pending before this Court, then the proper course for the revision petitioner/claimant is to project a necessary application before this Court seeking withdrawal of the compensation amount, to which he is entitled to as per law. But in the instant case on hand, the revision petitioner/claimant has not adopted such a course, instead he has filed E.A.No.812 of 2008 before the learned Additional District Judge (Fast Track Court No.I), Tirunelveli and has obtained an order of dismissal.
3. In view of the fact that an appeal A.S.No.27 of 2007 is pending on the file of this Court, this Court on the basis of Equity, Fairplay and as a matter of prudence directs the revision petitioner/claimant to file necessary application before this Court in A.S.No.27 of 2007 and to seek appropriate remedy praying permission to withdraw the compensation amount lying to the credit of L.A.O.P.No.31 of 2002 on the file of the trial court in accordance with law and in that view of the matter, the Civil Revision Petition fails and the same is hereby dismissed.
4. In the result, the Civil Revision Petition is dismissed. The order passed by the trial court in E.A.No.812 of 2008 in L.A.O.P.No.31 of 2002 is confirmed. However, liberty is given to the petitioner/claimant to file necessary application in A.S.No.27 of 2007 pending before this Court and to seek appropriate remedy praying permission to withdraw the compensation amount lying to the credit of L.A.O.P.No.31 of 2002 on the file of the trial court in the manner known to law. Having regard to the facts and circumstances of the case, there shall be no order as to costs.
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1.The Additional District Court (Fast Track Court No.1), Tirunelveli
2.Special Tahsildar (Land Acquisition) Kodumidiyaru, Nambiyaru Reservoir Project, Valliyoor.
3.The Deputy Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.
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