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Madras High CourtWP/36869/2024disposed of

Amirthavalli v. The District Collector

2024-12-10Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 36869 of 2024 & W.M.P.No. 39832 of 2024 Amirthavalli

...Petitioner

Vs.

1.The District Collector Tiruvallur District, Tiruvallur.

2.The Special District Revenue Officer (LA) Sipcot Manallur (Buik Drug Park) No.26, Samarapuri Nagar, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District- 601 206.

3.The Special Tahsildar Sipcot Manallur (Buik Drug Park) No.26, Samarapuri Nagar, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District- 601 206

...Respondents

1/6

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to refer the dispute regarding the apportionment of compensation amount, which is payable on the land acquired, comprised in survey no.216/3A measuring to an extent of 10.59.50 hectares, situated at Sanaputhur Village, Gummidipoondi Taluk, Tiruvallur District, pursuant to Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. For Petitioner :

Mr. R.Munuswamy For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

It is brought to the notice of this Court that the respondents are taking steps to deposit the amount into the Court as per orders of this Court in W.P.No. 32707 of 2024.

2. Considering the fact that there appears to be a dispute with reference to apportionment of compensation, the parties have to be 2/6

referred under Section 8 of the Tamil Nadu Land Acquisition for Industrial Purposes Act, 1997, to the competent Civil Court / Land Acquisition Tribunal.

3. In an earlier Writ Petition i.e., W.P.No.32707 of 2024 filed by the very same petitioner herein along with the others, wherein the petitioner and others had sought for a direction to consider the representation / objection of the petitioners and to refer the dispute regarding the apportionment of compensation to the Civil Court, this Court had passed the following order:

"6. Considering the fact that there are serious objections to the apportionment of compensation by the respondents among the joint family members of the petitioners, a mandamus is issued to the respondents to refer the matter to the concerned Civil Court, within a period of 3 weeks from the date of receipt of a copy of the order. Till such time the amounts shall not be disbursed and shall remain in deposit. It is made clear that once the 3/6

matter is referred to the Civil Court and the Civil Court takes the same on file, the stay granted supra would automatically come to an end.

The very same claim is made herein.

4. Therefore, the Writ Petition is disposed of on the same lines as W.P.No.32707 of 2024. Consequently, the connected miscellaneous petition is closed. No costs.

10.12.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector Tiruvallur District, Tiruvallur.

2.The Special District Revenue Officer (LA) Sipcot Manallur (Buik Drug Park) No.26, Samarapuri Nagar, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District- 601 206.

3.The Special Tahsildar Sipcot Manallur (Buik Drug Park) No.26, Samarapuri Nagar, Kavaraipettai, Gummidipoondi Taluk, Tiruvallur District- 601 206 5/6

P.T. ASHA, J, kan W.P.No. 36869 of 2024 10.12.2024 6/6