Rajaraman, v. The Land Acquisition Officer/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Rajaraman ... Petitioner Vs.

1 The Land Acquisition Officer/ District Collector, Cuddalore District, Cuddalore.

2 The District Revenue Officer, Land Acquisition (NLC), Neyveli.

3 The Revenue Divisional Officer, Vridhachalam.

4 The Special Deputy Collector, Land Acquisition(NLC), Neyveli.

5 The Special Tahsidar, Land Acquisition No. 20, Neyveli -2.

6. Karthikeyan

7. Vasudevan

8. Kannan

9. Murugan 10.Thangam 11.Abirami

12. Chitra ...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 5 to disburse 2/3rd of the amount deposited pursuant to the Award passed by the 1st respondent in his L4/459/2011 Award No. 03/2021 dated 16.09.2021 to the petitioner with interest.

For Petitioner : Mr.D.Baskar For R1 to R5 : Mr.A.Selvendran Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 to 5 to disburse 2/3rd of the amount deposited pursuant to the Award passed by the first respondent in his L4/459/2011 Award No. 03/2021 dated 16.09.2021 to the petitioner with interest.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the official respondents and perused the materials available on record.

3. Since there is no adverse order passed against the private respondents notice to the private respondents / R6 to R12 is dispensed with.

4. It is submitted by the learned counsel for the petitioner that the petitioner's land has been acquired by the respondents for the purpose of mining lignite and Award has also been passed by the first respondent. The petitioner is entitled to get the award amount for the entire property

and no other persons are having any right or title over the petitioner's property. Even assuming that the rival claimants are entitled to get 1/3rd share, the petitioner is entitled to get 2/3rd share. The respondents ought to have disbursed 2/3rd of the compensation amount to the petitioner. Since the compensation amount is deposited before competent civil court and no reference has been made by the respondents so far, the petitioner is unable to make claim before the Civil Court.

5. Learned Special Government Pleader appearing for the respondents submitted that the Revenue authorities have deposited the entire compensation amount before the concerned Civil Court and no reference has been made with regard to the same.

6. This Writ Petition has been filed seeking direction to the respondents to disburse the amount pursuant to the Award passed by the first respondent. It is stated that though Award amount has been deposited before the competent Civil Court, the respondents have not given any reference with regard to the same. Hence the respondents are

directed to refer the matter before the Civil Court for deciding the dispute between the petitioner and the rival claimants. On such reference, the petitioner can work out his remedy before the Civil Court within a period of one month.

7. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

06.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The Land Acquisition Officer/ District Collector, Cuddalore District, Cuddalore.

2 The District Revenue Officer, Land Acquisition (NLC), Neyveli.

3 The Revenue Divisional Officer, Vridhachalam.

4 The Special Deputy Collector, Land Acquisition(NLC), Neyveli.

5 The Special Tahsidar, Land Acquisition No. 20, Neyveli -2.

P.VELMURUGAN, J.

mfa 06.03.2024