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Madras High CourtWP(MD)/2004/2021disposed of

Jegatheese.V.S.R. v. The District Collector

2023-12-07Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.V.S.R.Jegatheese 2.S.R.Suresh ... Petitioners Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Public Works Department (WRO), Tirunelveli.

3.The Assistant Executive Engineer, Public Works Department (WRO), Division - III, Special Project, Cheranmahadevi, 4.The Special Tahsildhar (Land Acquisition), River Water Merger Scheme, Alagar-6, Radhapuram, Nanguneri (Stationed).

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5.The Sub Registrar, Thisaiyanvilai, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for records relating to impugned refusal Check Slip Refusal Number RFL/Thisaiyanvilai/1/2020 dated 03.02.2020 of the fifth respondent and to quash the same and to direct the fifth respondent to register the sale dated 03.02.2020 and forbearing the respondents 1 to 4 from obstructing the process of registration of documents pertaining to properties in Survey Nos.661/1, 660/1, 662/1A, 662/1C, 660/2, 661/2, 660/2, 660/2, 675/4, 658/1, 658/2, 658/4, 659/2, 676/1, 688, 687/1, 687/2, 676/2, 654, 653, 655/2, 656, 652/1B, 689/1B to an extent of 4 cents out of 39.65 Acres at Thisaiyanvilai Village, Thisaiyanvilai Taluk (Former Radhapuram Taluk), Tirunelveli District and to pay compensation for the acquired lands in the above said Survey Numbers to an extent of 6.45 Acres under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013.

For Petitioners : Mr.J.David Ganesan For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader 2/5

O R D E R

This Writ Petition has been filed challenging the impugned refusal check slip issued by the fifth respondent and for a direction to the fifth respondent to register the document presented by the petitioners with respect to the subject properties.

2. When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents submitted that the acquisition proceedings is completed and the award amount has also been fixed by proceedings dated 14.03.2023 by the Special Tahsildar, River Link Project (Unit-6), Radhapuram @ Nanguneri, Tirunelveli District.

3. The learned counsel for the petitioners submitted that the petitioners were not satisfied with the compensation amount paid by the Tahsildar and they are taking steps seeking for enhancement of compensation. In view of the above development, no further orders can be passed in this Writ Petition and it is left open to the petitioner to workout their remedy by seeking for enhancement of the compensation.

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4. This Writ Petition is disposed of accordingly. No costs. 07.12.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Executive Engineer, Public Works Department (WRO), Tirunelveli.

3.The Assistant Executive Engineer, Public Works Department (WRO), Division - III, Special Project, Cheranmahadevi, 4.The Special Tahsildhar (Land Acquisition), River Water Merger Scheme, Alagar-6, Radhapuram, Nanguneri (Stationed).

5.The Sub Registrar, Thisaiyanvilai, 4/5

N.ANAND VENKATESH, J.

Nsr 07.12.2023 5/5