Rahamathul Riyaz v. The Sub Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P. No.2153 of 2019 and W.M.P.No.2401 of 2019 Rahamathul Riyaz ... Petitioner -Vs1.The Sub Collector, Government of Puducherry, (Revenue cum Land Acquisition Officer) Karaikkal.

2.The Revenue Secretary, Government of Puducherry, Puducherry.

... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent dated 09.05.2018 in No.1117/SCR/LA/B1/ 2018/WBPR/COURT/327 and quash the same and consequently directing the respondents to declare lapse of land acquisition proceedings and in the alternative to pay compensation under the Act 30/2013.

For Petitioner :

Mr.I.Kowser Nissar For Respondents :

Mr.C.T.Ramesh Additional Government Pleader (Pondy)

ORDER

This Writ Petition has been filed to call for the records of the first respondent dated 09.05.2018 in No.1117/SCR/LA/B1/2018/WBPR/COURT/ 327 and quash the same and consequently directing the respondents to declare lapse of land acquisition proceedings and in the alternative to pay compensation under the Act 30/2013.

2.

It is seen that the petitioner's land in Ward D, block.3, T.S.No.17/2/2 to an extent of 52 acres situated at No.25. Kovilpathu Village, has been acquired for the development of western bye-pass road at Karaikal. Challenging the said acquisition proceedings, the petitioner filed this Writ Petition with alternative prayer to pay compensation under the Right to Fair Compensation and Transparency in Land https://hcservices.ecourts.gov.in/hcservices/

Acquisition, Rehabilitation and Resettlement Act, 2013 ie., Act 30 of 2013.

3.

The learned Additional Government Pleader (Pondy) would submit that while pending this Writ Petition, on 27.11.2020 the award has been passed under the Act 30 of 2013. 4.

Recording the submission made by the learned Additional Government Pleader (Pondy), the Writ Petition stands closed. However, the petitioner is at liberty to challenge the award dated 27.11.2020, passed under the Act 30 of 2013, in the manner know to law. Consequently, connected miscellaneous petition is also closed. There shall be no order as to costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar rts To 1.The Sub Collector, Government of Puducherry, (Revenue cum Land Acquisition Officer) Karaikkal.

2.The Revenue Secretary, Government of Puducherry, Puducherry.

+1cc to Mr.N.A.Nissar Ahmed, Advocate SR. No.67028 +1cc to Government Pleader SR. No.67656 W.P. No.2153 of 2019 and W.M.P.No.2401 of 2019 MG (CO) PR (30/12/2021) https://hcservices.ecourts.gov.in/hcservices/