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Director Of Survey And Settlements vs N.M. Kadamban Nambudripad (Dead) Thr ... on 7 August, 2019

Bench: A.M. Khanwilkar, Dinesh Maheshwari

                                                          1

                                       IN THE SUPREME COURT OF INDIA
                                        CIVIL APPELLATE JURISDICTION

                                  CIVIL APPEAL NOS. 11440-11441 OF 2014



     DIRECTOR OF SURVEY AND SETTLEMENTS                                           Appellant(s)

                                                        VERSUS

     N.M. KADAMBAN NAMBUDRIPAD (DEAD) THR LRS & ANR.                              Respondent(s)


                                                        WITH


                                   CIVIL APPEAL NOS. 11445-11446 OF 2014

                                   CIVIL APPEAL NOS. 11442-11443 OF 2014


                                                   O R D E R

Heard learned counsel for the parties. For the nature of order that we propose to pass it is not necessary to dilate on the factual matrix which has resulted in filing of the present appeals.

Suffice it to observe that the High Court while entertaining C.R.P. No. 324 of 1998, whereby the order passed by the District Court Niligris, Udagamandalam in I.A. No. 85 of 1990 dated 07.10.1997 was assailed had passed interim directions to the appellant State which orders are assailed in these appeals.

The operative order passed by the District Court on 07.10.1997, reads thus:

Digitally signed by DEEPAK SINGH Date: 2019.08.14 16:39:07 IST

Reason: “....9. It has been represented on the side of the petitioners that out of the sum of Rs. 22,86,874/- deposited in this court, a sum of Rs. 22,13,577.80 has been paid towards compensation for the various Janmams by the Director of Survey and Settlement. At present only a  2 sum of Rs. 73,396.70 is available in the Court. Both sides were not able to tell the person to whom the amount is due. A sum of Rs. 34,346.40 only is due for Nelliyalam Janmam Estate as per the order of Director of Survey and Settlement. It is clear that the amount fixed in the R. Ex. No.1 is to be paid to the petitioners. Only lesser amount will reach the petitioners. Because due to fixation of compensation to the petitioners as Rs. 34,346/- no higher amount will be eligible to the petitioners. The amount as per R. Ex. No.1 is Rs. 34,346/-. No higher amount will be eligible to the petitioners. The petitioners have already received Rs. 62,580.80 paise in I.A. No. 86/90, 87/90. Therefore, I conclude that the amount required by the petitioners is not due to the petitioners. This summary is decided against the petitioners.

10. Finally, the petition is dismissed. No costs in the interest of justice.” When the matter was taken up before the High Court by way of C.R.P. No. 324 of 1998 by the respondents herein, the High Court passed interim directions against the State from time to time. All those orders are subject matter of challenge in the present appeals.

During the pendency of these appeals, the other six janmams who claim to be entitled for compensation amount alongwith the respondents herein, as per the scheme propounded have also approached this Court by way of impleadment application. We propose to allow the said application and to do substantial justice to the parties set aside the impugned orders passed by the High Court including the order passed by the District Court dated 07.10.1997 and instead relegate the eight janmams before the District Court for reconsideration of I.A. No. 85 of 1990 in accordance with law after giving opportunity to all of them, namely, all the private parties and the State authorities. We order accordingly.

The appeals are allowed in the aforementioned terms. The District Court shall now decide the I.A. No. 85 of 1990 afresh as per law and uninfluenced by any observation(s) made by the High Court in the impugned order(s) or the District Court; which have been set aside in terms of this order. The parties to appear before the concerned District Court on 03.09.2019. The District Court may proceed with the hearing of the restored I.A. No. 85 of 1990 on the same day or any other suitable day but ensure that it is disposed of preferably within three months therefrom. All questions available to the parties are left open.

Pending applications, if any, stand disposed of.

…...................J (A.M. KHANWILKAR) …...................J (DINESH MAHESHWARI) New Delhi August 07, 2019  4 ITEM NO.103 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 11440-11441/2014 DIRECTOR OF SURVEY AND SETTLEMENTS Appellant(s) VERSUS N.M. KADAMBAN NAMBUDRIPAD (DEAD) THR LRS & ANR. Respondent(s) WITH C.A. No. 11445-11446/2014 (XII) C.A. No. 11442-11443/2014 (XII) Date : 07-08-2019 These appeals were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Appellant(s) Mr. P. N. Ramalingam, AOR Mr. Jaswanthi, Adv.

Ms. Purbitha, Adv.

Mr. Ramkumar, Adv.

Mr. K. V. Vijayakumar, AOR For Respondent(s) Mr. K. Rajeev, AOR Mr. Shinoj K Narayanan, Adv.

Mr. V.G. Prakasam, Adv.

Mr. S. Prabu Ramasubramanian, Adv. Mr. Willaim vinoth Kumar, Adv.

Mr. G. N. Reddy, AOR UPON hearing the counsel the Court made the following O R D E R The Civil Appeals are allowed in terms of the signed order.

Pending applications, if any, stand disposed of.

(DEEPAK SINGH)                                  (VIDYA NEGI)
COURT MASTER (SH)                               COURT MASTER (NSH)

[Signed order is placed on the file]