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Madras High CourtWP/10197/2021closed

R.Natarajan v. Special District Revenue Officer

2021-04-23Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No.10197 of 2021 and WMP No.10823 of 2021 R. Natarajan

...Petitioner

Vs

1. The Special District Revenue Officer, Land Acquisition, National Highways 45A & 227, Collectorate, Cuddalore.

2. The Special Tahsildar, Land Acquisition, National Highways 45A, Chidambaram, Cuddalore District.

3. Dhandapani Sengunthar

4. P.T.Arumugam Sengunthar

5. T. Manikandan

6. Tamil Nadu Hindu Religious and Charitable Endowment Board, Nungambakkam High Road, rep. by its Commissioner, Chennai

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, forbearing the respondents 1 & 2 from paying the compensation amount in respect of compulsory of acquisition of portions of property bearing Survey No.204/2B & 205/1B situate at C.Thandaeswaranallur, Chidambaram Taluk, Cuddalore District.

For petitioner ...

Mr V.Singan For respondents ...

Mr. D.Raja Addl. Govt. Pleader for R1 & R2

... Mr. M. Karthikeyan, for HR & CE(R-6)

ORDER

This writ petition has been filed seeking a direction to consider the petitioner's objection regarding payment of compensation.

2. According to the petitioner, the land in survey No.204/2B and 205/1B situates at C.Thandaeswaranallur in Chidambaram Taluk, belongs to the 6th respondent. Earlier, the said land was acquired by the respondents 1 and 2 for expansion of National Highways. While the award enquiry proceedings are pending, the 5th respondent herein, who is claiming right over the said temple property, was taking steps to get compensation in his favour. Hence, the petitioner made a representation before the Acquisition Officer not to give compensation to the 5th respondent. But, the same has not been considered till date. Hence, the present writ petition has been filed.

3. Today when the matter is taken up for hearing, the learned Additional Government Pleader, appearing for the respondents 1 and 2 would submit that earlier the 5th respondent has made a claim seeking for compensation and that claim was rejected on the ground that the land belongs to the 6th respondent.

4. Since, the Acquisition Officer has already rejected the claim of the 5th respondent, there is no need to consider the petitioner's representation. Hence, no further adjudication is required in this writ petition.

5. Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed. s/d- Assistant Registrar True Copy Sub-Assistant Registrar mrp

To

1. The Special District Revenue Officer, Land Acquisition, National Highways 45A & 227, Collectorate, Cuddalore.

2. The Special Tahsildar, Land Acquisition, National Highways 45A, Chidambaram, Cuddalore District.

3. The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board, Nungambakkam High Road, Chennai +1 CC to Mr.V. Singan, Advocate sr 25800.

+1 CC to The Government Pleader sr 25320.

+1 CC to The Special Government Pleader sr 25446. W.P. No. 10197 of 2021 CP(CO) SP(18/06/2021)