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Madras High CourtWP(MD)/1348/2022dismissed

Ramachandran R v. The Secretary To The Government

2024-04-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.1200 of 2022 R.Ramachandran ... Petitioner Vs.

1.The Secretary to the Government, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, St.Fort George, Chennai - 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Special Tahsildar (Land Acquisition), Adi Dravidar Welfare Unit - II, Madurai Collectorate, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/4

respondents to Enhance the compensation as per the market value for the acquired land in S.No. 589/3A5 and 578/1A1 for the extent of 8.15 Acres based on the representation dated 19.01.2022 within the stipulated period as fixed by this Court.

For Petitioner : Mr.S.Arunnithy For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petition mentioned land was acquired under the Tamil Nadu Act 31 of 1978. The petitioner felt aggrieved by the quantum of compensation awarded. The petitioner filed C.M.A.No.15 of 2000 on the file of III Additional Sub Judge, Madurai. The compensation payable to the petitioner was enhanced. Aggrieved by the same, the Government filed C.M.S.A.Nos.1045 to 1048 of 2004. It was later withdrawn. The petitioner's father appear to have remained content with the order passed by the Sub Court. In these writ proceedings, the petitioner cannot claim further enhancement. The very filing of the writ petition is 2/4

misconceived. When the land was acquired under the relevant statute, determination of compensation will have to be made only in terms of the relevant statutory provision. This petition is not maintainable. 3.This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

22.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No SKM To 1.The Secretary to the Government, Adi Dravidar and Tribal Welfare Department, State of Tamil Nadu, St.Fort George, Chennai - 600 009.

2.The District Collector, Madurai District, Madurai.

3.The Special Tahsildar (Land Acquisition), Adi Dravidar Welfare Unit - II, Madurai Collectorate, Madurai.

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G.R.SWAMINATHAN, J.

SKM 22.04.2024 4/4