Sacred Heart Church v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2024
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR AND W.M.P.No.17844 of 2024 Sacred Heart Church Rep. by Rector and Parish Priest Polur Tiruvannamalai District 606 803 .. Petitioner Vs 1.The District Collector Tiruvannamalai District 2.The Special District Revenue Officer (Land Acquisition) Chennai to Kanyakumari Industrial Corridor Project Door No.74, Vijayaraghavan Nagar Jahir Ammapalayam Salem 636 302 3.The Assistant Divisional Engineer (Highway) Sub-Division, Vellore-6 4.The Special Tahsildar (Land Acquisition) Tamil Nadu Road Development Scheme-II Tiruvannamalai .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent No.4 to 1/4
disburse the compensation money for the land comprised in S.No.106/1 and 106/28 of Polur Village, Tiruvannamalai District, by considering the petitioner's representation dated 21.04.2024 within a time as may be fixed by this Court till then not to evict the petitioner. For Petitioner : Mr.K.V.Muthu Visakan For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
This writ petition has been filed for a direction to the 4th respondent to disburse the compensation money for the land comprised in S.No.106/1 and 106/28 of Polur Village, Tiruvannamalai District, by considering the petitioner's representation dated 21.04.2024 within the time stipulated by this Court, till then not to evict the petitioner.
2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials placed on record.
3. It is the grievance of the petitioner that he has not been paid compensation for the subject lands acquired by the 4th respondent, for the purpose of constructing an over bridge. While so, the petitioner received a 2/4
notice dated 06.03.2024 from the 3rd respondent, informing the petitioner that the building situated in the subject lands will be removed for carrying out the over bridge work. Hence, the present writ petition.
4. Learned Special Government Pleader appearing for the respondents submitted that the compensation amount cannot be disbursed, as the petitioner has not produced patta pertaining to the subject lands.
5. Admittedly, the petitioner has better title in respect of the subject lands and there is no dispute with regard to the possession. In such view of the matter, let the 4th respondent consider the petitioner's representation dated 21.04.2024 and pass orders for disbursement of compensation to the petitioner. Such an exercise shall be completed within a month's time from the date of receipt of a copy of this order. Thereafter, the petitioner shall be dispossessed. With the above direction, this rit petition is disposed of. No costs. Connected miscellaneous petition is closed.
25.06.2024 gya Index : Yes/No 3/4
N.SATHISH KUMAR, J.
gya To 1.The District Collector Tiruvannamalai District 2.The Special District Revenue Officer (Land Acquisition) Chennai to Kanyakumari Industrial Corridor Project Door No.74, Vijayaraghavan Nagar Jahir Ammapalayam Salem 636 302 3.The Assistant Divisional Engineer (Highway) Sub-Division, Vellore-6 4.The Special Tahsildar (Land Acquisition) Tamil Nadu Road Development Scheme-II Tiruvannamalai 25.06.2024 4/4