Madras High CourtWP/24092/2024dismissed

Davamani v. The District Collector

2024-08-30Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP.No.26341 of 2024 1.Davamani 2.C.Kumar ... Petitioners vs.

1.The District Collector, Kancheepuram.

2.The Special Tahsildar, (Land Acquisition), Chennai-Kanniyakumari Industrial Corridor Project, Kancheepuram District.

3.The Special Tahsildar (L.A), Chennai-Kanniyakumari Industrial Corridor Project, Kancheepuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to pass orders to disburse in full the compensation amount as per award in No.99/2021 Ma.Ne.No.58(1) (Na.Ka.No.28/2019/A2 (79,80 and 81) dated 09.08.2021, without any deduction, in the light of the order dated 15.09.2022 in W.P.No.22010 of 2022 by considering the representation dated 29.09.2022. 1/4

For Petitioners : Mr.G.Punniakoti For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to disburse full compensation amount as per the award in No.99/2021, dated 09.08.2021. The main grievance of the petitioner is at the time of calculation of the award amount, the land acquisition officer deducted 33.33% of the value of the land towards developmental charges. The award by the land acquisition officer was passed on 09.08.2021. If the petitioner is aggrieved by the deduction of 33.33% towards developmental charges, he should have sought for reference within time allowed by law. He has not sought for any reference but challenging the award, the present writ petition has been filed seeking a direction to the respondent to disburse the compensation amount without deduction of developmental charges. When the petitioner failed to question the deduction of developmental charges by seeking reference, this Court is not inclined to entertain the writ petition. 2/4

2. Accordingly, this writ petition is dismissed No costs. Consequently, connected miscellaneous petition is closed. 30.08.2024 Index : Yes/No Speaking order:Yes/No ub To 1.The District Collector, Kancheepuram.

2.The Special Tahsildar, (Land Acquisition), Chennai-Kanniyakumari Industrial Corridor Project, Kancheepuram District.

3.The Special Tahsildar (L.A), Chennai-Kanniyakumari Industrial Corridor Project, Kancheepuram District.

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S.SOUNTHAR, J.

ub 30.08.2024 4/4