Judgment :- The petitioner prays for the issuance of writ of Mandamus to direct the first respondent to release the compensation amount payable to the petitioner for acquisition of his lands situated at Plot No.5, Vanagaram Road, Athipet Village, Ambattur Taluk, Tiruvallur District, pursuant to the award issued by the respondent dated 11. 2006 and made in RC No.135/2006/A/TVR. 2. Mr.I.Paranthaman, learned Government Advocate takes notice for the first respondent. The notice sent to the second respondent was returned as not found and another notice by telegram was sent by the learned counsel for the petitioner, which was also returned. Hence, the name of the second respondent was printed in the cause list, but none represented her. 3. The case of the petitioner is as follows:-He is the owner of the land in Old Survey No.78/2B1 part and 78/3BIA part and new S.No.78/2BIB and 78/3BIA2 respectively at Athipattu Village, Ambattur Taluk, Tiruvallur District measuring an extent of 446 sq. metres. The first respondent has acquired the land under National Highways Act and an award was passed on 11. 2006 and the total award amount is Rs.46,03,864/-. The petitioner has mortgaged the above mentioned property to the second respondent for a sum of Rs.1,00,000/-under mortgaged deed dated 16.04.2001, which was registered as document No.2172/2001 with Sub Registrar Office, Ambattur. The petitioner filed a suit in O.S.No.1187 of 2007 on the file of II Assistant Judge, City Civil Court, Chennai for redemption of mortgage against the second respondent, which is pending. 4. It is submitted by the learned counsel appearing for the petitioner that the summons sent to the second respondent by the City Civil Court, Chennai were returned as not found. The petitioner was unable to obtain any order with the result, he could not receive the said award amount since the first respondent insists the discharge of the said mortgage before disbursing the amount. The petitioner was unable to obtain any order with the result, he could not receive the said award amount since the first respondent insists the discharge of the said mortgage before disbursing the amount. It is further submitted by the learned counsel for the petitioner that the petitioner has mortgaged the said property only for a sum of Rs.1,00,000/- and even assuming that he is liable to pay the accumulated interest at the rate of 36% as mentioned in the mortgage deed, it comes to Rs.3,16,000/- inclusive of the principal as on date and hence he has submitted that the first respondent may be directed to deposit Rs.3,16,000/-in the suit account with the City Civil Court, Chennai, so that the balance amount can be disbursed by the first respondent to the petitioner and he receives it without prejudice to his rights to go for enhancement of compensation. In that event, no prejudice would be caused to the respondents and he prayed for a direction to the first respondent to deposit the said amount in the City Civil Court and pay the balance amount to him. 5. Mr.I.Paranthaman, learned Government Advocate appearing for the first respondent, on instructions, submitted that the first respondent has no objection to deposit whatever the amount ordered by this Court and pay the balance amount to the petitioner. It is further reported by Mr.I.Paranthaman, learned Government Advocate that the petitioner may be directed to execute a deed of indemnity in favour of the first respondent. Mr.Nagaraj, learned counsel appearing for the petitioner agreed for the said proposal. 6. It is further reported by Mr.I.Paranthaman, learned Government Advocate that the petitioner may be directed to execute a deed of indemnity in favour of the first respondent. Mr.Nagaraj, learned counsel appearing for the petitioner agreed for the said proposal. 6. In view of the fact that summons sent to the second respondent were returned and notice sent by telegram by the counsel for the petitioner also not responded and the delay in disbursing the amount by the first respondent to the petitioner causes irreparable loss and hardship to him, the below mentioned order is passed:- .(i) The first respondent is directed to deposit a sum of Rs.3,25,000/- (Rupees three lakh and twenty five thousand only) to the credit of O.S.No.1187 of 2007 on the file of II Assistant Judge, City Civil Court, Chennai and obtain receipt within eight weeks; .(ii) The petitioner is directed to execute an indemnity bond in favour of the first respondent as required by him; (iii) After deposit with the City Civil Court and receipt of the indemnity bond from the petitioner, the first respondent is directed to disburse the balance amount to the petitioner within a period of four weeks thereafter and the same can be received by him without prejudice to his rights to go for enhancement in accordance with law. 7. The writ petition is disposed of on the above terms. No costs. Consequently, connected petition is closed.