Madras High CourtWP(MD)/3709/2024disposed of

Iyyadurai. K v. The District Collector

2024-03-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Iyyadurai ... Petitioner Vs.

1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Special Tahsildar (Land Acquisition), Highways Department (47), Villvancode, Thiruthuvapuram, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing them respondent to disburse additional compensation for acquisition of land in New Survey Nos. 23/16 to an extent of 400 square meter, in New Survey No. 23/19A2 to an extent of 80 square meter and in New Survey No. 23/19C2 to an extent of 120 square meter of Eraniel Village, Kalkulam Taluk, Kanyakumari District, for demolishing the house, compound wall 1/4

and the toilet by considering the representation of the petitioner dated 27.06.2022 within a time frame that may be fixed by this Court. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner's property was acquired for the purpose of laying road. The stand of the petitioner is that as a result of the acquisition proceedings, he has been unable to use the remaining part of the house also. The petitioner is therefore seeks payment of additional compensation. The petitioner has given a representation in this regard. 3.The first respondent is directed to conduct enquiry and render a finding if the petitioner is entitled to additional compensation as provided in the statute. If the first respondent finds in favour of the petitioner such additional compensation shall also be disbursed to the petitioner. In any event, a formal speaking order shall be passed by the 2/4

first respondent. The entire exercise shall be completed within a period of five months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. 4.This writ petition is disposed of accordingly. There shall be no order as to costs.

19.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 26.03.2024.

To 1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Special Tahsildar (Land Acquisition), Highways Department (47), Villvancode, Thiruthuvapuram, Kanyakumari District.

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G.R.SWAMINATHAN, J.

MGA 19.03.2024 4/4