Sri Vyasaraja Mutt v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sri Vyasaraja Mutt, Bennae Govindappa Road, Gandhi Bazaar, Basanavangudi, Bangalore - 560 004.

Through its Power Agent G.Raghavendran, S/o.Gururaj, No.12/85, Titan Township, Mathigiri, Krishnagiri District.

... Petitioner Vs.

1.The District Collector, O/o.The District Collector, Karur, Karur District.

2.The Special District Revenue Officer (Land Acquistion), Kavari-Vaigai Gundaru River Linking Project, Karur, Karur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second 1/4

respondent herein to pay compensation a sum of Rs.40,15,431/- (Rupees Forty Lakhs and Fifteen Thousand and Four Hundred Thirty One) for acquiring the land in survey No.290/2 to an extent of 0.34.74 (0.858078 Cent) situated at Sindhalavadi Village, Krishnarayapuram Taluk, Karur District belonging to their mutt vide second respondent award order No. 01/2023/Ka.Vai.Ku/dated 14.07.2023 by considering the petitioner's representations dated 27.01.2024, in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.T.Villavan Kothai Additional Government Pleader

ORDER

Heard both sides.

2.The land belonging to the petitioner has been acquired. The award for payment of compensation has also been passed. The award amount is to the tune of Rs.40,15,431/-. It appears that the land was in the possession of a caretaker. The petitioner therefore filed a writ petition for directing the second respondent to pay the compensation directly to the petitioner.

3.When the matter was taken up for hearing, the learned Additional Government Pleader submitted that the amount has been 2/4

deposited before the jurisdictional civil Court. The details have been furnished to the learned counsel appearing for the petitioner. The petitioner shall file a payment out petition before the learned District Judge. It is not clear if there is any dispute between the petitioner on the one hand and the caretaker on the other.

4.Be that as it may, notice shall be issued to the caretaker. If the civil Court is satisfied that there is no dispute, the entire amount shall be disbursed to the petitioner herein. If there is a dispute, then the first respondent will have to make reference as per law and the reference shall be answered as expeditiously as possible and based on the same, disbursement of the award amount will take place. 5.This writ petition is disposed of accordingly. There shall be no order as to costs.

26.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, O/o.The District Collector, Karur, Karur District.

2.The Special District Revenue Officer (Land Acquistion), Kavari-Vaigai Gundaru River Linking Project, Karur, Karur District.

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