M.Bose, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR M.Bose ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virughunagar District.

2.The Authorised Officer & Special District Revenue Officer, Land Acquisition (National Highways-44&38), Virudhunagar District, Virudhunagar.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

4.P.Shanthi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.A3/104/2009 dated 08.08.2011 on the file of the Respondent No.2 1/5

and quash the same as illegal and consequently for a direction, directing the Respondent No.2 to disburse the eligible compensation amount to the petitioner within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.Shanmuga Vel Additional Government Pleader for R1 to R3 Mr.B.S.Meltiue for R4

ORDER

The present writ petition has been filed challenging an order passed by the second respondent herein, who is the Authorized Officer cum Special District Revenue Officer of Land Acquisition (National Highways).

2. In the said impugned order, the second respondent has directed the writ petitioner to produce computer patta and encumbrance certificate to the third respondent herein and get a certificate with regard to the extent of land that is owned by the writ petitioner so as to decide about the compensation. The said order is under challenge in the writ petition. 2/5

3. According to the learned counsel for the petitioner, now, his client is ready with all the documents and he would approach the third respondent herein and get a certificate from the said third respondent and produce all the documents before the second respondent so as to decide the compensation.

4. In view of the above said submissions, the Writ Petition is disposed of in the following manner:

(i) The writ petitioner is directed to approach the third respondent with all relevant documents and the third respondent shall consider the documents and issue a certificate as to the extent of property that is owned by the petitioner herein.

(ii) Thereafter, the petitioner is directed to approach the second respondent for compensation, who will decide the matter on merits in accordance with law.

(iii) The second and third respondents before passing any orders, shall provide an opportunity to the writ petitioner as well as the fourth respondent. 3/5

5. With the above said observations, this Writ Petition is disposed of. No costs.

08.07.2022 Index :

Yes / No Internet :

Yes / No gbg To 1.The District Collector, Virudhunagar, Virughunagar District.

2.The Authorised Officer & Special District Revenue Officer, Land Acquisition (National Highways-44&38), Virudhunagar District, Virudhunagar.

3.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in 08.07.2022 5/5