P.Palanisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.7299 and 7301 of 2020 1.P.Palanisamy 2.S.Murugan ... Petitioners Vs.

1.The District Collector, Office of the District Collector, Collectorate Post - 624 004, Dindigul.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Palani.

3.The Tahsildar, Vedasandur Taluk, Dindigul District.

4.The Special Tahsildar, The Referring Officer/Land Acquisition, Karur-Dindigul Broad Gauge Scheme, Dindigul.

... Respondents (R-4 cause title amended vide Court Order dated 13.08.2020 in W.M.P.(MD).No.8338 of 2020 in W.P.(MD).No.7822 of 2020) 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Letter issued by the third respondent in his proceedings No.O.Mu.No.8689/17/M4 dated 22.09.2017 and quash the same and consequently direct the third respondent to grant award of compensation to the petitioners as far as they are concerned for the acquired property by the third respondent comprising in Survey Nos.1074/1B, 1074/4B, 1080/2B2 and 1148/1B consisting of 2.56 acres situated at Vembur Village, Vedasandur Taluk, Dindigul District, within the time frame as may be stipulated by this Court.

For Petitioner : Mr.L.Prabhu For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

This Writ Petition has been filed challenging the impugned letter issued by the third respondent dated 22.09.2017 and for a consequential direction to the third respondent to award compensation to the petitioners with respect to the subject properties that were acquired.

2. The case of the petitioners is that the properties in Survey Nos. 1074/1B, 1074/4B, 1080/2B2 and 1148/1B consisting of 2.56 acres situated at Vembur Village, Vedasandur Taluk, Dindigul District was acquired in the year 2/6

1984. The award was passed in the year 1987 and the compensation amount was paid to some other persons based on the award. This came to light only in the year 2017 when the impugned letter issued by the third respondent was received. In view of the same, the petitioners have sought for the payment of compensation to them with respect to the subject properties.

3. The learned Special Government Pleader appearing on behalf of the respondents submitted that the compensation amount was paid to Sangupillai and Ponnampalam in the year 1987 itself and to substantiate the same, Form-C was produced before this Court. The learned Special Government Pleader therefore submitted that there is no question of once again paying the compensation at this length of time to the petitioners.

4. In the considered view of this Court, 36 years have gone by after the payment of compensation and it will be a wild goose chase to find out who had received the compensation at that point of time. To direct the respondents to conduct an enquiry at this length of time will not yield any result. By prosecuting this Writ Petition, it only amounts to flogging a dead horse. The payments have been made in the year 1987 based on the names of the persons found in the revenue records and it will be too late in the day to get into this issue in the year 2023.

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5. In view of the above, this Court does not find any ground to grant the relief as sought for in this Writ Petition. This Writ Petition is dismissed accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

29.11.2023 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The District Collector, Office of the District Collector, Collectorate Post - 624 004, Dindigul.

2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Palani.

3.The Tahsildar, Vedasandur Taluk, Dindigul District.

4.The Special Tahsildar, The Referring Officer/Land Acquisition, Karur-Dindigul Broad Gauge Scheme, Dindigul.

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N.ANAND VENKATESH, J.

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