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Madras High CourtWP/25827/2014dismissed as infructuous

Saraswathi, v. The District Collector

2023-11-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.25827 of 2014 and MP No.1 of 2014

1. Saraswathi

2. Anbu Selvi

3. Sumathi

4. Uma Maheswari

5. Arun Prasad ... Petitioners versus 1.

The District Collector, Cuddalore.

2. The Special Tahsildhar, Land Acquisition, Adidravida Welfare Virudhachalam.

3. The Secretary Adi Dravidar Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009 [R3 is suo-motu impleaded as per order dated 06.08.2015 by N.K.K.J in WP No.25827 of 2014]

...Respondents

Pg.Nos.1/5

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to pay the petitioners the compensation of Rs.22,27,590/- with interest for having acquired the petitioners lands in Survey No.73/2 - 1.65.0 hectares and S.No.103/1A2 - 0.60.0 hectares totaling 2.25.0 hectares (5.56 acres) situate at D.Elamangalam Village, Cuddalore District and as ordered by this Court in Second Appeal No.1540 of 2005 dated 27.02.2012 within the period fixed by this Court.

For Petitioner :

Mr.N.Suresh For Respondents :

Mr.V.Veluchamy Additional Government Pleader

O R D E R

This writ petition was filed in the year 2014, seeking for a direction to the respondents to pay the petitioners the compensation of Rs.22,27,590/- with interest for having acquired the petitioners lands situated at D.Elamangalam Village, Cuddalore District. 2.

The respondents have filed a counter affidavit in the year 2018 wherein at Paragraph 11, it has been stated that the entire compensation Pg.Nos.2/5

amount of Rs.20,57,520/- was deposited on 22.09.2016 before the Principal Sub-ordinate Judge, Virudhachalam as per the calculation of the Government and the interest amount of Rs.31693/- on 21.02.2017 in the Principal Sub-ordinate Court, Virudhachalam.

3.

The learned counsel for the petitioners also acknowledged the said fact and submitted that they received the entire compensation amount. 4.

Since the entire compensation amount was already deposited before the Civil Court, this writ petition is dismissed as infructuous. It is for the petitioners to approach the Civil Court and work out their remedy in the manner known to law. This writ petition is dismissed as infructuous. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

03.11.2023 Speaking/Non-speaking order Index:Yes/No Pg.Nos.3/5

rka To 1.

The District Collector, Cuddalore.

2. The Special Tahsildhar, Land Acquisition, Adidravida Welfare Virudhachalam.

3. The Secretary Adi Dravidar Welfare Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009 Pg.Nos.4/5

P.VELMURUGAN, J.

rka W.P.No.25827 of 2014 03.11.2023 Pg.Nos.5/5