Kaja Mohideen v. The Government Of Tamil Nadu Rep. By Its Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Kaja Mohideen ... Petitioner in W.P(MD)No.8186 of 2023 Ayesa Beevi ... Petitioner in W.P(MD)No.8217 of 2023 Vs.
1.The Government of Tamil Nadu Represented by its Secretary, Revenue Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Ramanathapuram District.
3.The Special Tahsildar, Adi Dravidar Welfare, Paramakudi, Ramanathapuram District.
... Respondents in both Writ Petitions Prayer in W.P(MD)No.8186 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the third respondent to disburse the remaining compensation with interest to the petitioner by consider the representation of the petitioner dated 21.03.2023 in terms of the Award passed in A.S.No.439 of 1999 by this Court. 1/4
Prayer in W.P(MD)No.8217 of 2023 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the third respondent to disburse the remaining compensation with interest to the petitioner by consider the representation of the petitioner dated 21.03.2023 in terms of the Award passed in A.S.No.655 of 1996 by this Court. For Petitioner : Mr.P.Edin Brough For Respondents : Mr.N.Muthu vijayan Special Government Pleader (in both Writ Petitions)
ORDER
In W.P(MD)No.8186 of 2023, the petitioner is Kaja Mohideen. In W.P(MD)No.8217 of 2023, the petitioner is his wife Ayisha Beevi. Both the writ petitions have been filed seeking a mandamus against the third respondent / Special Tahsildar, Aadhi Dravidar Welfare, Paramakudi in Ramanathapuram District, to disburse the remaining compensation together with interest to the respective petitioners by considering representations dated 21.03.2023.
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2. The petitioners have obtained an award consequent to acquisition of land and the award has been confirmed in A.S.No.439/1999 and A.S.No. 655/1996 respectively. The petitioners have also filed E.P.No.50 of 2011 and E.P.No.51 of 2011 respectively before the Sub Court at Paramakudi. Consequent to non disbursement of amount, the executing Court had also brought for sale the movables in the office of the third respondent.
3. The petitioners have already taken recourse to law and the petitioners can thereafter cannot come back to this Court and take a parallel line for the same relief. These petitions are not maintainable. These writ petitions are dismissed. Liberty is given to the petitioners to pursue further in manner known to law in the executing Court. No costs. 12.04.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn 3/4
C.V.KARTHIKEYAN, J.
pnn To:
1.The Government of Tamil Nadu Represented by its Secretary, Revenue Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Ramanathapuram District.
3.The Special Tahsildar, Adi Dravidar Welfare, Paramakudi, Ramanathapuram District.
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