Madras High CourtWP(MD)/2608/2021disposed of

Selinmary Silviya v. The District Collector

2022-08-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2022

CORAM:

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD) No.2145 of 2021 Selinmary Silviya .. Petitioner Vs 1.The District Collector, Trichy District, Trichy- 620001.

2.The Special Tahsildhar, National Highways Land Acquisition, No.227, Trichy - Chithambaram Branch, Trichy - 620001.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to provide compensation to the petitioner for the consideration for acquired land in Survey No. 1/7D, Majara Vadukar Pettai Village, Govanda Kurichi , Lalkudi Taluk, Trichy District.

For Petitioner :

Mr.A.Azhageson

For Respondents :

Mr.M.Prakash Additional Government Pleader

O R D E R

Heard the learned counsel on either side.

2. The petitioner claims to have purchased the petition mentioned property from one Kaliammal. The petitioner's land was acquired by the second respondent for National Highway extension. The petitioner however, has not been paid any compensation. The reason appears to be that the husband of Kaliammal filed civil suit regarding the property. Since the second respondent is not clear about the ownership, the second respondent had not disbursed the compensation to the petitioner. If the second respondent has any substantial doubts regarding title, then he himself must refer the matter to the concerned Court. A decision in this regard will be taken by the second respondent one way or the other. If any reference is made to the jurisdictional civil Court, the jurisdictional civil Court will decide the reference within a period of six month thereafter.

3. On the above terms, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 29.08.2022 Index : Yes/No Internet : Yes abr To 1.The District Collector, Trichy District, Trichy- 620001.

2.The Special Tahsildhar, National Highways Land Acquisition, No.227, Trichy - Chithambaram Branch, Trichy - 620001.

G.R.SWAMINATHAN, J.

abr 29.08.2022