Grama Samudhaya Borewell And Agriculturist Welfare Association v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Grama Samudhaya Borewell and Agriculturist Welfare Association, Nandrukachi Village, Tiruppuvanam Taluk, Sivagangai District.

Through its President G.Ramalingam ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Aruppukottai.

3.The Executive Officer, Kiruthumal (Athikulam) Project, Public Works Department, 4.The Tahsildar, Tiruchuli Taluk, Virudhunagar District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to restore 1/4

the land in S.No. 364/3A and 364/6B, Aathikulam Village, Tiruchuli Taluk, Virudhunagar District or in the alternate to grant Compensation as per The Right To Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a time period stipulated by this Court considering the representation of the petitioner dated 26.02.2024.

For Petitioner : Mr.S.Selva Adhithya For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.It is beyond dispute that the petition mentioned lands are patta lands. They have been put to use for public purposes. 3.As rightly pointed out by the learned counsel appearing for the petitioner, in that event compensation must be paid. In this case, compensation does not appears to have been paid. 4.I direct the respondents to pay appropriate compensation as per the Central Act 30 of 2013 to the owner of the land. 2/4

5.The learned counsel appearing for the petitioner points out that a representative suit was filed in O.S.No.215 of 2000 on the file of District Munsif Court, Aruppukottai that the land in question belongs to the villagers. The petitioner association appears to represent the villagers. The first respondent will find out who represents the villagers and to that body, compensation amount shall be paid. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

6.This writ petition is allowed accordingly. There shall be no order as to costs.

10.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, 2.The Revenue Divisional Officer, Aruppukottai.

3/4

G.R.SWAMINATHAN,J.

MGA 3.The Executive Officer, Kiruthumal (Athikulam) Project, Public Works Department, 4.The Tahsildar, Tiruchuli Taluk, Virudhunagar District.

Copy to The District Munsif Court, Aruppukottai.

10.06.2024 4/4