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Madras High CourtWP/25839/2021disposed of

Sakthivel v. The District Collector

2021-12-06Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.25839 of 2021 in W.M.P.No.27321 of 2021 Sakthivel ... Petitioner Vs

1. The District Collector, Krishnagiri, Krishnagiri District.

2. The District Revenue Officer, Krishnagiri, Krishnagiri District.

3. The Thasildar, Taluk Office, Pochampalli, Krishnagiri District.

4. The Executive Engineer, Public Works Department, Uthangarai, Krishnagiri District.

5. Kamalanathan

6. Aravindhan

7. Kavipriya ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 4 not to disburse the award amount to the respondents 5 to 7 in respect of lands in Survey Nos.446/1, 446/3 measuring to an extent of 0.21 and 1.14 acres respectively situated at Thadhampatti Village, Pochampalli Taluk, Krishnagiri District without conducting any enquiry by affording personal hearing to all the legal heirs concerned based on the petitioner's representation dated 18.09.2021. For Petitioner :

Mr.K.Thiruvengadam

For Respondents :

Mr.C.Kathiravan Special Government Pleader (for R1 to R4)

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the respondents 1 to 4 not to disburse the award amount to the respondents 5 to 7 in respect of lands comprised in Survey Nos.446/1 and 446/3 measuring an extent of 0.21 and 1.14 acres respectively situated at Thadhampatti Village, Pochampalli Taluk, Krishnagiri District, without conducting any enquiry by affording personal hearing to all the legal heirs concerned based on the petitioner's representation dated 18.09.2021.

2. There is a dispute between the petitioner and the respondents 5 to 7 with regard to the payment of compensation in respect of the land owned by them, which was acquired for the water channel. In this regard, the petitioner submitted his representation dated 18.09.2021 and it is pending on the file of the second respondent.

3. Considering the above facts and circumstances of this case, second respondent is directed consider the representation dated 18.09.2021 and after issuance of notice to the petitioner and the respondents 5 to 7 and after giving opportunity of hearing to them, pass orders with regard to the disbursement of the compensation, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that till the disposal of the said representation of the petitioner, the second respondent is directed to not to disburse any compensation amount to any of the party herein, if not already disbursed.

4. With the above direction, this writ petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar kv

To

1. The District Collector, Krishnagiri, Krishnagiri District.

2. The District Revenue Officer, Krishnagiri, Krishnagiri District.

3. The Thasildar, Taluk Office, Pochampalli, Krishnagiri District.

4. The Executive Engineer, Public Works Department, Uthangarai, Krishnagiri District.

+1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.63893 +1cc to the Government Pleader, S.R.No.64825 W.P.No.25839 of 2021 PVS(CO) SU(21/12/2021)