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Madras High CourtWP/27811/2023disposed of

Sri Peyaridum Iyyanar Thirukoil Trust v. The Special District Revenue Officer

2024-11-13Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2024

CORAM

THE HON'BLE Ms. JUSTICE P.T.ASHA and W.M.P. No. 27311 of 2023 Sri Peyaridum Iyyanar Thirukoil Trust (Regd.No.4/2021), by its Managing Trustee D.Sivaperumal S/o.Deivasigamani East Street, Keezhakollai Marungur Post, Panruti Taluk Cuddalore District.

... Petitioner -vs1.

The Special District Revenue Officer(LA) National Highways (45-C) Villupuram, Villupuram Taluk Villupuram District.

The Special Tahsildar, (LA) National Highways (45-C) Kamaraj Nagar, Panruti Taluk Cuddalore District.

The Project Officer (LA) National Highways (45-C) Thanjavur, Thanjavur Taluk Thanjavur District.

The Collector Cuddalore District 5.

The Joint Commissioner 1/6

River Side Street, Cuddalore - 607001.

6.

The Assistant Commissioner 7.

A.Manikannan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing respondents 1 to 3 to refer the compensation amount payable under Award Na.Ka.Aa/NH-45C/924/2012 dated 30.04.2016 to the Special Court for Land Acquisition Cases at Cuddalore as per Sections 18 and 31.

For Petitioner :

Mr.Gururaj for Mr.D.Baskar For Respondents :

Mr.M.R.Gokul Krishnan AGP (RR1, 2 & 4) Ms.S.R.Sumathy (R3) Mr.S.Ravichandran, AGP (RR5 & 6) Mr.N.Suresh (R7)

O R D E R

This writ petition has been filed for a direction to the respondents 1 to 3 to refer the compensation amount payable under Award Na.Ka.Aa/NH45C/924/2012 dated 30.04.2016 to the Special Court for Land Acquisition Cases at Cuddalore as per Sections 18 and 31. 2/6

Heard the learned counsel for the petitioner as well as the respondents and perused the materials placed on record.

In the earlier writ petition, which has been filed by the person claiming to be the Hereditary Trustee of the present petitioner Trust for a direction directing the respondents therein, who are the respondents 1,2 and 4 herein, to pay the land acquisition compensation in respect of the acquisition of lands of Sri Peyaridum Ayyanar Thirukoil and for removal of Idols therein in Marungur Village Survey No.187/6, Panruti Taluk, this Court had passed the following order:- "5.

Having regard to the submissions made by the learned counsel on either side, this Court is of the opinion that since there are rival claimants, the respondents are directed to conduct an enquiry and decide the matter on merits and in accordance with law, after giving notice to all the interested parties including rival claimants, within a period of three months from today."

The fact that in the earlier writ petition, orders have been issued to hear all parties concerned the authorities shall comply with the said direction. Therefore, in compliance of the above order, the deponent, who has 3/6

signed the present writ petition shall also be issued with summons by the second respondent, who shall hear the objections and pass speaking orders within a period of two months from today.

5.

With the above directions, this writ petition is disposed. Consequently, connected Miscellaneous Petition is closed. No costs. 13.11.2024 Index: Yes/No NCC: Yes/No Maya To 1.

The Special District Revenue Officer(LA) National Highways (45-C) Villupuram, Villupuram Taluk Villupuram District.

The Special Tahsildar, (LA) National Highways (45-C) Kamaraj Nagar, Panruti Taluk Cuddalore District.

The Project Officer (LA) National Highways (45-C) Thanjavur, Thanjavur Taluk Thanjavur District.

The Collector Cuddalore District 5.

The Joint Commissioner 4/6

River Side Street, Cuddalore - 607001.

6.

The Assistant Commissioner 5/6

P.T.ASHA, J.

Maya 13.11.2024 6/6