Madras High CourtWP/963/2016closed

Selvaraj v. The District Collector

2021-02-05Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2021

CORAM

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 963 of 2016 Selvaraj ... Petitioner Vs 1.The District Collector, Nagapattinam.

2.The Special Tahsildar for Adi Dravida Welfare, Mayiladuturai.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to pay the petitioner the compensation amount for compulsory acquisition of his lands situated in S.No.18/1, Uoorkudi hamlet, Kovankudi Village, Mayilauturai Taluk, Nagapattinam District in pursuance of his order dated 10.03.2005 made in Na.Ka.No.988/01/A as modified by decree dated 18.06.2007 made in A.S. No.53/2006, on the file of Principal Sub Court, Mayiladuturai, together with interest at the rate of 12 percent per annum on such compensation amount from 10.03.2005 to till the date of actual payment.

For Petitioner : Mr. S.Sounthar For Respondents : Mr. M.Elumalai Additional Government Pleader O R D E R This Writ Petition has been filed for issuance of Writ of Mandamus directing the respondents to pay the compensation amount to the petitioner for the acquisition of the petitioner's lands.

2. Having regard to the facts admitted, this Court is inclined to dispose of this Writ Petition in the following lines. The petitioner has obtained a decree in A.S. No.53 of 2006 on the file of the learned Principal Sub Court, Mayiladuthurai, enhancing compensation already determined by the Land Acquisition Officer. The petitioner has an alternative and effective remedy by filing an executive petition to execute the decree that was granted in the appeal in A.S. No.53 of 2006. Hence, this Writ Petition is closed with liberty to the petitioner to proceed against the respondents by filing an execution petition. The period taken by the petitioner for https://hcservices.ecourts.gov.in/hcservices/

filing this Writ Petition shall be excluded for the purpose of the calculating the period of limitation. No costs. Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar bkn To 1.The District Collector, Nagapattinam.

2.The Special Tahsildar for Adi Dravida Welfare, Mayiladuturai.

+1CC TO MR.S.SOUNTHAR, ADVOCATE, SR.NO. 6735 +1CC TO M/S.GOVERNMENT PLEADER, SR.NO. 6796 W.P. No. 963 of 2016 PL(CO) KKN 29.04.2021 https://hcservices.ecourts.gov.in/hcservices/