M.Sadhasivam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and W.M.P.No.31115 of 2022 1.M.Sadhasivam 2.M.Anbalagan 3.Chandra 4.Lakshmi 5.Kannaki 6.Swetha 7.Dhinesh 6 & 7 are represented by their mother and natural guardian Kannaki W/o.Late Elangovan 8.Tamilarasi 9.Dhanesh Kumar 10.Selvi 11.Rajeswari 12.Selvakumar 13.Chitra 14.Murugantham 15.Vasuki 16.Saraswathi 17.Alamelu ... Petitioners Vs.
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1.The District Collector, Ariyalur District, Office of the Collectorate of Ariyalur District, Jayankondam Road, Ariyalur - 621 704.
2.The Special Tahsildar, (Adi-dravidar Welfare), Udayarpalayam, Ariyalur District - 621 804.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records in connection with the land acquisition proceedings in District G.O.No.24 dated 06.11.2000 in respect of Survey Nos.17/2, 17/3, 17/4, 7/5 and 17/6 of Amanakkanthondi Village, specified in the District G.O.No.24 dated 16.11.2000 issued by the 1st respondent herein and quash the same, consequently direct the respondents to drop the said land acquisition proceedings.
For Petitioners :
Dr.R.Sampathkumar For Respondents :
Ms.C.Sangamithirai Special Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records in connection with the land acquisition proceedings in District G.O.No.24 dated 06.11.2000 in respect of Survey Nos.17/2, 17/3, 17/4, 17/5 and 17/6 of Amanakkanthondi 2/6
Village, specified in the District G.O.No.24 dated 16.11.2000 issued by the 1st respondent herein and quash the same, consequently direct the respondents to drop the said land acquisition proceedings.
2. It is the case of the petitioners that, they are the owners of the aforesaid properties, which were sought to be acquired for the purpose of providing house sites to the SC/ST persons of Amanakkanthondi Village under the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978. For the aforesaid purpose, 4(1) Notification was issued by the second respondent, vide G.O.Ms.No.143, Harijan Welfare Department dated 01.05.1985. Thereafter, award was passed in Award No.10/20002001, dated 07.03.2001 in favour of the first petitioner's father. The grievance of the petitioners is that, inspite of lapse of several years, the compensation amount was not disbursed in favour of the petitioners. Challenging the said acquisition proceedings, the petitioners have filed the present Writ Petition.
3. The learned counsel for the petitioners submitted that, admittedly, the petitioners claim to be the owners of the aforesaid 3/6
properties, though their parents name appeared in the award proceedings, but the compensation amount was not disbursed in favour of the petitioners. Further, he submitted that this Court may issue a direction to the respondents to disburse the compensation amount within a stipulated time that may be fixed by this Court.
4. The learned Special Government Pleader appearing for the respondents submitted that, the compensation amount would be disbursed in favour of the petitioners in the manner known to law.
5. Heard the learned counsel for the petitioners as well as the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
6. In view of the fair stand taken by the learned counsel on either side, this Court directs the respondents to disburse the compensation amount for the lands acquired from the petitioners within a period of six weeks from the date of receipt of a copy of this order along with applicable interest.
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7. With the above observations and direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
28.11.2022 Index: Yes/No Speaking Order : Yes/ No jd To 1.The District Collector, Ariyalur District, Office of the Collectorate of Ariyalur District, Jayankondam Road, Ariyalur - 621 704.
2.The Special Tahsildar, (Adi-dravidar Welfare), Udayarpalayam, Ariyalur District - 621 804.
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M.DHANDAPANI, J.
jd and W.M.P.No.31115 of 2022 (1/2) 28.11.2022 6/6