T.Premchand v. The Special Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.11.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.33264 of 2015 T.Premchand [ PETITIONER ] Vs 1 The Special Tahsildhar Unit-I SIPCOT Sriperumbudhur Expansion Scheme -II Sriperumbudhur.

2 Shoba Jeyaram [ RESPONDENTS ] PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the 1st respondent to disburse the land acquisition compensation of Rs.1,02,58,000/- in respect of the property situated at S.F.No.8/2 Palanallur Village Sriperumbudhur Taluk to the petitioner.

For Petitioner : No appearance For Respondents : Mr.R.Vijayakumar Addl.Govt. Pleader ************

O R D E R

Counsel for the petitioner called absent.

2.From the order sheet, it appears that on two earlier occasions, the mater was adjourned at the request of the petitioner. In this Writ Petition, the petitioner seek for a direction to the first respondent to disburse the amount of Rs.1,02,58,000/- in respect of the property situated at S.F.No.8/2 Palanallur Village Sriperumbudhur Taluk, which according to the petitioner has been awarded as compensation for acquiring the said land.

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3.In the affidavit filed in support of the Writ Petition, the petitioner has admitted that the first respondent has refused to disburse the compensation to the petitioner, since in the Revenue Records stand in the name of the second respondent has been entered.

4.As pointed out by the learned Additional Government Pleader, as against the inclusion of the name of the second respondent in the Revenue Records, the petitioner has preferred an appeal under section 12 of the Tamil Nadu Patta Passbook Act, 1983 before the Revenue Divisional Officer, Kancheepuram, wherein a direction has been made to cancel the name of the second respondent from Patta No.1841 in respect of the property situated at S.F.No.8/2, Palanallur Village, Sriperumbudur Taluk, Chenglepet District, and pass orders, inserting the name of the petitioner in the Patta No.1841.

5.Thus, the petitioner has to finalise the dispute and get the patta suitably amended, before which he cannot make a claim for compensation. At this juncture, no direction can be issued to the first respondent to disburse the compensation. Petitioner is liberty to move the Revenue Divisional Officer, Kancheepuram for early disposal of the Appeal, which shall be considered and orders shall be passed after hearing all the parties concerned.

The Writ Petition is disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petition is closed. -Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar rpa To 1 The Special Tahsildhar Unit-I SIPCOT Sriperumbudhur Expansion Scheme -II Sriperumbudhur.

+1 cc to Government Pleader sr.60124 W.P. No.33264 of 2015 aa27/11/2015 https://hcservices.ecourts.gov.in/hcservices/