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Madras High CourtWP/30317/2018disposed of

K.Varadhan v. The District Collector

2018-12-13Honourable Mr Justice V. Bharathidasan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2018

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P. 30317 of 2018 K.Varadhan ... Petitioner

Versus

1.The District Collector, Villupuram District.

2. The Special Tahsildar, Adidravidar Welfare, Ulundurpet, Villupuram District.

...Respondents

PRAYER: Writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay the compensation at the present market value for the petitioner's land comprised in Survey Number 57/12B admeasuring 0.5.5 hectares and Survey Number 57/13 admeasuring 0.11.05 hectares which was acquired in the year of 1989 by considering the representation of the petitioner dated 28.09.2018 within the time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.Arun Dattan For Respondents-1&2 : Mr.D.Raja, Addl. Government Pleader

ORDER

This Writ Petition has been filed seeking for a direction to the respondent to pay the compensation for the lands acquired from the petitioner.

2. According to the petitioner, he is the owner of the property in Survey Nos. 57/12B admeasuring 0.5.5 hectares and 57/13 admeasuring 0.11.05 hectares situated at Memalur Village, Tirukoilur Taluk, and the lands were acquired in the year 1989 for providing house sites to Adi-dravidar, and the award was also passed. But, so far, the compensation amount was not disbursed to the petitioner. Hence, the present Writ Petition has been filed by the petitioner.

3. Earlier, notice was ordered to the respondents. Today, when the matter was taken up for hearing, Mr.D.Raja, learned Addl. Government Pleader appearing for the respondents submitted that already the award has been passed on 18.08.1989, and the notice under Sec.12(2) of the Land Acquisition Act was also sent to the petitioner through registered post, but the petitioner has refused to receive the notice, and he

has also not come forward to receive the compensation. Hence, the amount was deposited in the revenue deposit. The learned counsel further submitted that it is always open to the petitioner to approach the Land Acquisition Officer, and receive the compensation amount.

4. On considering the above submission that the award amount was already deposited in the revenue deposit, the petitioner is directed to approach the concerned Land Acquisition Officer, and submit a representation for payment of compensation. On submitting the representation, the concerned Land Acquisition Officer is directed to consider the same, and disburse the compensation amount to the petitioner within a period of twelve weeks from the date of receipt of the copy of this order. In the result, the present Writ Petition stands disposed of with the above direction. No costs. 13.12.2018 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp

To 1.The District Collector, Villupuram District.

2. The Special Tahsildar, Adidravidar Welfare, Ulundurpet, Villupuram District.

V.BHARATHIDASAN,J.

rpp W.P. 30317 of 2018 13.12.2018