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Madras High CourtWP/35365/2023dismissed as infructuous

R.Babu v. The Collector Of Thiruvallur District

2024-01-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. Nos.35365, 35414 and 35429 of 2023 and W.M.P.Nos.35344, 35346, 36268 and 35395 of 2023 1.R.Babu 2.N.R.Sriram ... Petitioners in WP.No.35365 of 2023 T.A.Abdul Salam ... Petitioner in WP.No.35414 of 2023 J.Sridharan ... Petitioner in WP.No.35429 of 2023 Vs.

1. The Collector of Thiruvallur District Office of the Collector of Thiruvallur Thiruvallur

2. The Special Deputy Collector (L.A.) Metropolitan Division Alandur, Chennai - 600 016

3. The Special District Revenue Officer/ Land Acquisition Officer State Highways Department Metropolitan Division Alandur, Chennai - 600 016

4. The Tahsildar Office of the Tahsildar Poonamallee, Chennai - 56

5. The Chief Engineer 1/5

Highways Department Chepauk, Chennai - 600 005 ... Respondents in all WPs.

Common Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent order passed in Award No.5 of 2020 dated 31.12.2020, in proceedings bearing Na.Ka.No.1704/2010/Aa 1, dated 31.12.2020 and quash the same and direct the respondents herein to re-calculate the compensation as applicable to the respective petitioners and settle the compensation along with the admissible interest under the Act.

In All WPs.

For Petitioners : Mr.J.Vignesh For Respondents : Mrs.V.Yamunadevi Special Government Pleader

ORDER

These Writ Petitions are filed for issuance of Writ of Certiorarified Mandamus to call for the records of the 2nd respondent's order passed in Award No.5 of 2020 dated 31.12.2020, in proceedings bearing Na.Ka.No.1704/2010/Aa 1, dated 31.12.2020 and quash the same and direct the respondents herein to re-calculate the compensation as applicable to the respective petitioners and settle the compensation along with the admissible interest under the Act.

2/5

2. Today (12.01.2024), when the matter is taken up for hearing, the respondents filed counter and it is submitted by the learned Special Government Pleader appearing for the respondents that pending writ petitions, the differential compensation amount was recalculated proportionately and was also disbursed to the writ petitioners and therefore, the writ petition have become infructuous.

3. Recording the above submission of the learned Special Government Pleader, these Writ Petitions are dismissed as infructuous. Consequently, connected Miscellaneous Petitions in W.M.P. Nos.35346, 36268 and 35395 of 2023 are closed. W.M.P.No.35344 of 2023 in W.P.No.35365 of 2023 is ordered subject to payment of separate Court fee by the other writ petitioner. There shall be no order as to the costs.

12.01.2024 ksa-2 Index : Yes / No 3/5

To

1. The Collector of Thiruvallur District Office of the Collector of Thiruvallur Thiruvallur

2. The Special Deputy Collector (L.A.) Metropolitan Division Alandur, Chennai - 600 016

3. The Special District Revenue Officer/ Land Acquisition Officer State Highways Department Metropolitan Division Alandur, Chennai - 600 016

4. The Tahsildar Office of the Tahsildar Poonamallee Chennai - 56

5. The Chief Engineer Highways Department Chepauk, Chennai - 600 005 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. Nos.35365, 35414 and 35429 of 2023 12.01.2024 5/5