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Madras High CourtWP(MD)/5799/2023disposed of

Subramanian v. The District Collector

2023-03-17Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Subramanian ... Petitioner Vs.

1.The District Collector Water Resources Department, Kauvery-Vaigai-Kundaru Flood Water Canal Scheme, Karur.

2.The Land Acquisition Officer & Special District Revenue Officer (L.A), Kauvery-Vaigai-Kundaru Interlinking Canal Scheme, Karur.

3.The Special Tahsildar Unit-2, Kauvery-Vaigai-Kundaru Interlinking Canal Scheme, Kulithalai.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to 1/5

pay the compensation amount to the petitioner for the Well situated in Inungur village S.F.No.250/6B, Kulithalai Taluk, Karur District, for the acquisition made by the second respondent for the Kauvery-VaigaiKundaru Interlinking Canal Scheme. For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction to the respondents to pay compensation amount to the petitioner for the Well which is situated at S.F.No.250/6B in Inungur Village, Kulithalai Taluk, Karur District.

2. The said land had been acquired by the second respondent for the Kauvery - Vaigai Kundaru Flood Water Canal Scheme. The Well had also been acquired. The compensation for the Well had not been credited to the petitioner's account. Though the petitioner claims title to 2/5

the Well, there was an objection raised by another inidividual, Kuppu son of Muthuveeran.

3. As a matter of fact, the third respondent had issued notice to both the petitioner and to the said Kuppu to appear for enquiry. A direction is given to the third respondent to proceed further with the enquiry and pass necessary orders, after ensuring the presence of both the petitioner and Kuppu, during the enquiry process. The said order may be passed after examining all records including the documents produced by the petitioner, since the petitioner claims exclusive title to the Well. Let the enquiry be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition stands disposed of. No costs.

17.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 3/5

To 1.The District Collector Water Resources Department, Kauvery-Vaigai-Kundaru Flood Water Canal Scheme, Karur.

2.The Land Acquisition Officer & Special District Revenue Officer (L.A), Kauvery-Vaigai-Kundaru Interlinking Canal Scheme, Karur.

3.The Special Tahsildar Unit-2, Kauvery-Vaigai-Kundaru Interlinking Canal Scheme, Kulithalai.

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C.V.KARTHIKEYAN, J.

rm 17.03.2023 5/5