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Madras High CourtWP/19648/2023disposed of

K.Amudhavalli v. The Government Of Puducherry Union Territory

2023-12-08Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.18906 of 2023

1. K.Amudhavalli

2. K.Vijayakumar ... Petitioners Vs.

1. The Government of Puducherry Union Territory, Rep. By its Secretary, Revenue Department, Puducherry.

2. The Deputy Collector cum Land Acquisition Officer, Karaikkal.

3. The Director, Tourism Department, Puducherry. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to redetermine the compensation u/s 28-A of Land Acquisition Act 1984,

based on the enhanced rate of compensation awarded by the Reference Court, District Court, Karaikal, vide its order dated 12.12.2019 in L.A.O.P.No.48 of 2017 and pay the so redetermined compensation to the petitioners after deducting the already paid compensation within a time frame.

[Prayer amended as per order of the court dated 21.11.2023 in W.M.P.No.20975 of 2023] For Petitioners : Mr.N.Subramaniyan For Respondents : Mr.Ramaswamy Meyyappan Government Advocate Pondicherry

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents to redetermine the compensation u/s 28-A of Land Acquisition Act 1984, based on the enhanced rate of compensation awarded by the Reference Court, District Court, Karaikal, vide its order dated 12.12.2019 in L.A.O.P.No.48 of 2017 and to pay the redetermined compensation to the petitioners after deducting the already paid compensation.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Pondicherry) appearing for the official respondents.

3. It is the contention of the learned counsel for the petitioner that already appeal suit is pending. Hence the petitioner is at liberty to work out his remedy after the disposal of the appeal, in the manner known to law.

4. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. W.M.P.No.18906 of 2023 is ordered on payment of necessary court fees by each of the petitioners. 08.12.2023 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Government of Puducherry Union Territory, Rep. By its Secretary, Revenue Department, Puducherry.

2. The Deputy Collector cum Land Acquisition Officer, Karaikkal.

3. The Director, Tourism Department, Puducherry.

P.VELMURUGAN, J.

mfa and W.M.P.No.18906 of 2023 08.12.2023