J.Hilbert, S/O.Jacob, v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2019
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.6889 of 2019 1.J.Hilbert 2.Ronald 3.Herald Jacob ... Petitioners -vs1.The State of Tamil Nadu Represented by its Secretary Housing and Urban Development Fort. St.George Chennai- 600 009 2.The Tamil Nadu Housing Board Rep. by its Managing Director No.331, Anna Salai Nandanam, Chennai- 600 035 3.The Executive Officer and Administrative Officer Madurai Special Division Madurai Housing Board Ellis Nagar, Madurai- 625 016 4.The Tahsildhar (Land Acquisition) South Neighbourhood Scheme Unit-I,Madurai- 625 020 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to consider the petitioners representation dated 02.01.2018, within the time stipulated by this Honble Court.
For Petitioner : Mr.P.M.Vishnu Varthanan For Respondents : Mr.Rajarajan No.1 and 4 Government Advocate No.2 and 3 Mr.M.Janarthanan *****
O R D E R
The instant writ petition has been filed for a mandamus directing the respondents to consider the petitioners representation dated 02.01.2018 with in the time stipulated by this Court.
2. According to the petitioners their Plot No. 10 in Re-survey No.12 of 2018, Thoppur Village, Madurai South Taluk, Madurai, Sub Division, Madurai were acquired by fourth respondents as early as in the year 1991. According to the petitioners till date compensation amount has not been paid to them. Therefore they gave a representation dated 02.01.2018 to the respondents calling upon them to pay the compensation.
3. Today, the learned counsel for the third respondent submitted that the compensation amount payable to the petitioners have already been deposited with the First Additional Sub Court, Madurai. He also drew the attention of this Court to the proceedings of the third respondent dated 01.02.2018, which also confirms that the compensation amount payable to the petitioners is now lying with the First Additional Sub Court, Madurai.
4. The learned counsel for the petitioner has also obtained instructions from their client and has reported before this Court that the petitioners may be granted liberty to approach the First Additional Sub Court, Madurai for withdrawal of the compensation amount.
5. Accordingly, the writ petition is disposed of, granting liberty to the petitioners to approach the First Additional Sub Court, Madurai, for withdrawal of the compensation amount payable to the petitioners from and out of the fund lying in the credit of the said proceedings before the First Additional Sub Court, Madurai and the said Court shall dispose of the application for payment as and when it is filed by the petitioners as expeditiously as possible.
6. Accordingly, the writ petition is disposed of. However, there shall be no order as to costs.
Sd/- Assistant Registrar(Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To 1.The First Additional Subordinate Judge, Madurai.
2.The Secretary The State of Tamil Nadu Housing and Urban Development Fort. St.George, Chennai- 600 009
3.The Tahsildhar (Land Acquisition), South Neighbourhood Scheme Unit-I, Madurai- 625 020 +1 CC to M/s.R.JANARTHANAN, Advocate in SR-59615 +1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.59933 +1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate in SR-60012 W.P.(MD)No.6889 of 2019 08.04.2019 aav PK/06.05.2019 : 3P/7C