M.Muthukrishnan, v. The Joint Registrar Of Co-Op
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Tenth day of July Two Thousand Eighteen PRESENT THE HON'BLE MR.JUSTICE M.GOVINDARAJ WP(MD) No.5854 of 2017 T.R.DINAKARAN ... PETITIONER Vs 1 THE STATE OF TAMILNADU REP.BY SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, FORT ST.GEORGE, CHENNAI-9.
2 THE DISTRICT COLLECTOR VIRUDHUNAGAR-626101.
3 THE DISTRICT REVENUE OFFICER VIRUDUNAGAR.
4 THE REVENUE DIVISIONAL OFFICER LAND ACQUISITION OFFICER, ARUPPUKOTTAI.
5 THE THASILDAR ARUPPUKOTTAI.
6 THE MANAGING DIRECTOR STATE TRANSPORT CORPORATION MADURAI ZONE, MADURAI.
... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Certiorarified Mandamus or any other order or direction or writ particularly in the nature of a writ of Certiorarified mandamus calling for the records relating to the notification under section 4(1) of the land acquisition act, 1894, published in Tamilnadu Government Virudhunagar district Gazette, extraordinary, in Na.Ka.D2/22052/99 dated 10.09.2014 by the 4th respondent and quash the same in so far as it relates to acqusition of lands in RS.No.301/1(T.S.No.2/1) ward-G, Block-13 having an extent of 0.39 acres and Rs.No.301/2(T.S.No.2/2) Ward-G, Block-13 having an extent of 0.45 acres in Aruppukottai Villge and consequently direct the respondents to surrender the vacant possession of the lands in RS.No.301/1 (T.S.No.2/1) Ward-G, Block-13
having an extent of 0.39 acres and RS.No.301/2 (T.S.No.2/2) Ward-G. Block-13 having an extent of 0.45 acres in Aruppukottai Village, Virudhunagar District and to pay damages for use and occupation from taking over possession of the land in the year 1977 till the date of payment of compensation or to pay the market value as on date along with damages, for their unauthorized use and occupation to the petitioner.
ORDER :This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.KADARKARAI, Advocate for the petitioner and of MR.CHELLAPANDIAN, Additional Advocate General assisted by MRS.J.PADMAVATHI DEVI, Special Government Pleader for R1 to R5 and of MR.A.P.MUTHUPANDIAN, Advocate for R6 the court made the following order:- When the matter was taken up for hearing today, the learned counsel for the petitioner has produced seven registered documents for the purpose of assessing the market value of the property. The learned Additional Advocate General has produced the report given by the Revenue Divisional Officer, Aruppukkottai, which fixes the market value on the basis of data documents ranging from 100 Metres to 1000 Metres.
According to the report, the value of the land measuring about 84 Cents comes around Rs.1,47,22,848/- in reference to registrations in Survey Nos.301/1 and 301/2. If the larger extent of land which is equivalent to the nature and texture of the soil is taken, within the radius of 800 Metres, the value is arrived at Rs.68,85,312/-.
2. Considering the response, a direction is issued to the Revenue Divisional Officer, Aruppukkottai, to furnish the recent documents registered nearest to the land in question, consisting of highest and lowest values.
3. Post the matter on 17.07.2018 at 02.15 p.m., in the chamber.
sd/- 10/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SECRETARY TO GOVERNMENT, THE STATE OF TAMILNADU, TRANSPORT DEPARTMENT, FORT ST.GEORGE, CHENNAI-9.
2 THE DISTRICT COLLECTOR VIRUDHUNAGAR-626101.
3 THE DISTRICT REVENUE OFFICER VIRUDUNAGAR.
4 THE REVENUE DIVISIONAL OFFICER LAND ACQUISITION OFFICER, ARUPPUKOTTAI.
5 THE THASILDAR ARUPPUKOTTAI.
6 THE MANAGING DIRECTOR STATE TRANSPORT CORPORATION MADURAI ZONE, MADURAI.
ORDER
IN WP(MD) No.5854 of 2017 Date :10/07/2018 MS/MMS/VK/16.07.2018/3P.7C