Anantha Padmanaba Alse v. The District Collector Cum Land Acquisition Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Anantha Padmanaba Alse
...Petitioner in both WPs.
Vs.
1. The District Collector cum Land Acquisition Officer, Southern Sector of Inner Road Scheme Phase - II, Collector Office, Singaravellar Malligai, Chennai - 1.
2. The Special Tahsildar (Land Acquisition) Southern Sector of Inner Road Scheme, Phase - II, Collector Office, Singaravellar Malligai, Chennai - 1.
3. Nagappan ... Respondents in both WPs.
Prayer in WP.26800/2021 :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to pay the award of compensation to the petitioner as per his representation dated 19.8.2021 and order dated 01.10.2020 in CRP (NPD) Nos. 1413 of 2020 etc. batch, by fixing the land 1/5
value is uniformly fixed at Rs.1,655/- (Rupees One thousand six hundred and fifty five only) per sq. ft after deducting the award of compensation which is already deposited in Honourable VI Assistant Judge City Civil Court at Chennai in Award No. 1 / 2009 dated 2.1.2009 in referral No. 53 / 2009 for Plot No. 3 Kubera Nagar layout in comprised in R. S. Nos. 666 and 667 Patta No. 976 as per patta survey Number 666 / 105 Mambalam, Guindy Circle, Velachery village, measuring an extent of 5280 Square Feet to petitioner (Anantha Padmanaba Alse) and all other statutory benefits particularly interest as per Section 28 and its proviso of Land Acquisition Act viz., the other benefits provided to the claimants. Prayer in WP.
26801/2021 :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to pay award of compensation to the petitioner which already been deposited in Honourable VI Assistant Judge, City Civil Court at Chennai at the rate of Rs.102/- per sq.ft in Award No. 1 / 2009 dated 2.1.2009 in referral No. 53 / 2009 for Plot No. 3, Kubera Nagar layout in comprised in R. S. Nos. 666 and 667 Patta No.976 as per patta survey Number 666 / 105 Mambalam Guindy Circle velachery village measuring an extent of 5280 square feet to the petitioner (Anantha Padmanaba Alse) and permit the petitioner to withdraw the same in Award No. 1 / 2009 dated 2.1.2009 in Referral No.
53 / 2009 in the Honourable VI Assistant Judge, City Civil Court, at Chennai which was deposited in favour of the 3rd respondent/Nagapan. For Petitioner in both WPs. : Ms.S.
For Respondents in both WPs. :
(for R1 & R2) : Mr.D.Ravichander, Spl.G.P.
(for R3) : Mr.E.Viswaathan COMMON ORDER The grievances of the writ petitioner is that he purchased the subject property described in the writ proceedings from the 3rd respondent. It is not in dispute that the subject property was acquired by the Government by issuing notification under the Land Acquisition Act even prior to the purchase of the property by the petitioner. In other words, the petitioner purchased the property from the 3rd respondent after initiation of land acquisition proceedings and therefore, the name of the petitioner was included in the notification.
2.The learned Special Government Pleader, brought to the notice of this Court that even the reference made in LAOP No.61 of 2012 to 63 of 2012 and batch, was disposed of by the Assistant Judge, City Civil Court, Chennai, on 24.11.2015. Since the land acquisition proceedings were completed in all respects and the compensation has already been deposited before the Court, if at all any grievances exist for the petitioner, the 3/5
petitioner has to initiate appropriate action against his vendor in the manner known to law.
3.With these liberties, the writ petitions stand dismissed. No costs. (sha) 13.06.2023 Index : Yes Speaking Order To
1. The District Collector cum Land Acquisition Officer, Southern Sector of Inner Road Scheme Phase - II, Collector Office, Singaravellar Malligai, Chennai - 1.
2. The Special Tahsildar (Land Acquisition) Southern Sector of Inner Road Scheme, Phase - II, Collector Office, Singaravellar Malligai, Chennai - 1.
4/5
S.M.SUBRAMANIAM . J., (sha) 13.06.2023 5/5