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Madras High CourtCRP(MD)/341/2023allowed

S. Subramaniam v. The Revenue Divisional Officer (La),

2023-02-13Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR 1.S.Subramaniam Krishnan (Died) 2.Rajambal 3.S.Nagamony 4.S.Nadarajan 5.S.Kumaraswamy 6.Addl. 11.K.Rohin Kumar ... Petitioners/Petitioners/ Claimants 1 to 6 Vs.

1.The Revenue Divisional Officer (LA), Padmanabhapuram, Kalkulam Taluk, Kanyakumari District. ... 1st Respondent/1st Respondent/ Referring Officer 1/5

2.Abusha Beevi 3.Tahira 4.Imthiyas Mohammed 5.Inthikar Alam ... Respondents/Respondents/ Claimants 7 to 10 PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the Principal Sub Court (Land Acquisition Tribunal), Kuzhithurai to dispose of the I.A.No.1 of 2021 in L.A.O.P.No. 1 of 2007 at the earliest within a time frame fixed by this Court. For Petitioners : Mr.M.Suri For R1 : Mr.Pandiarajan Government Advocate

ORDER

The present revision petition has been filed by the claimants in L.A.O.P.No.1 of 2007 on the file of Sub Court, Kuzhithurai.

2. According to the learned counsel appearing for the petitioners, though acquisition proceedings were initiated prior to the new Act, 2/5

possession was not taken and hence, the claimants are entitled to receive enhanced compensation under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).

3. In view of the above said facts, the claimants have filed I.A.No. 1 of 2021 before the Land Acquisition Tribunal to terminate the proceedings arising under Section 18 of the Land Acquisition Act, 1894. However, the said application is being adjourned from time to time for the past 2 years due to the delay on the part of the acquisition authorities. Hence, he has prayed for early disposal of I.A.No.1 of 2021.

4. Considering the limited prayer sought for by the petitioners herein, the Sub Court (Land Acquisition Tribunal) Kuzhithurai is directed to dispose of I.A.No.1 of 2021 in L.A.O.P.No.1 of 2007 on or before 15.03.2023.

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5. With the above said observations, this Civil Revision Petition stands allowed. No costs.

13.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Sub Court (Land Acquisition Tribunal), Kuzhithurai.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

gbg Order made in 13.02.2023 5/5