Madras High CourtWP/7103/2012disposed of

A.John v. The District Collector,

2023-08-09Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

1. A. John

2. Nirmala

3. Vincent Thirumaran

4. J. Albert Mayan and

5. Dr. Mary Tamilselvi ... Petitioners Vs.

1. The District Collector, Cuddalore District, Cuddalore.

2. The Special Deputy Collector (NLC), Neyveli-2.

3. The Special Tahsildar (Land Acquisition), (NLC), Neyveli - 2.

4. G. Sivaraman

5. G. Thillai Nadarajan

6. G. Jayavelu

7. G. Porkodi

8. G. Janagam

9. K. Kamalakannan

10. S. Sivakumar.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to make payment of the compensation awarded in 1st respondent proceedings No.Na.Ka.L6/1590/2009 dated 04.12.2009 to the petitioners within the time prescribed in this Court.

For Petitioners : M/s. K. Sakthivel For Respondents (for R-1 to 3) : Mr.D. Ravichander Special Government Pleader.

(for R-4, 5, 7 to 10): Dismissed vide Court order dated 15.12.2014.

(for R6) : Not ready in Notice

ORDER

The present writ petition has been filed to direct the respondents 1 to 3 to make payment of the compensation awarded in 1st respondent proceedings No.Na.Ka.L6/1590/2009 dated 04.12.2009 to the petitioners within the time prescribed in this Court.

2. The land belonged to the petitioners was acquired in the year 2007 and admittedly award has been passed under the Land Acquisition Act. The land absolutely vest with the Government and thereafter, a dispute arose regarding the compensation.

3. The learned counsel for the petitioners states that a Civil Suit was instituted in O.S.No.127/2010 by the 10th respondent and the Writ petitioners are defendants in the said Civil Suit. The said suit was dismissed for non-prosecution on 19.12.2014. Now, nine years have lapsed. Whether the suit was restored or not is to be verified.

4. The petitioners under these circumstances are at liberty to submit an application before the District Collector along with the relevant documents including the decree passed by the competent Civil Court. The District Collector is directed to conduct an inquiry by affording opportunity to all the parties and take a decision and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

5. Accordingly, this Writ petition stands disposed of. However, there shall be no order as to costs.

09.08.2023 Index : yes Speaking order (mjs/sha) To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Special Deputy Collector (NLC), Neyveli-2.

3. The Special Tahsildar (Land Acquisition), (NLC), Neyveli - 2.

S.M.SUBRAMANIAM, J.

(mjs/sha) 09.08.2023