Nambi Konar E v. The Special District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Thirtieth day of October Two Thousand and Twenty Four PRESENT The HONOURABLE MS. JUSTICE P.T.ASHA WP(MD). No.9416,9417,9418 of 2024 E.Nambi Konar, S/o.Ena Konar, No. 15 Gopalan Street Pathamadai Tirunelveli District ... Petitioner in W.P.(MD)9416 of 2024 S. Perumal S/o.E.Subbiah Konar, 7A, Sambandar Middle Street, Pathamadai, Tirunelveli District ... Petitioner in W.P.(MD)9417 of 2024 R.Enanmuthu S/o Ramakrishna Konar, 7A Sambandar Middle Street, Pathamadai, Tirunelveli District ... Petitioner in W.P.(MD)9418 of 2024 Vs 1 The Special District Revenue Officer, (Land Acquisition), River Linking Project, District Collectors Office, Tirunelveli.
2 The Land Acquisition Officer And Special Tahsildar (L.A), FCC in ILRS Unit-1, Ambasamudram @ Cheranmahadevi, Tirunelveli District.
...Respondents in all the petitions
Prayer in WP(MD) 9416/ 2024 Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus direct the 1st respondent to make reference for enhancement of compensation based upon the petitioner's application dated 27.03.2023 filed under Section 64 of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and further direct to made a fresh reference for apportionment of compensation as per the Section 76 of the Act 2013 before the competent Court as per the order dated 03.08.2016 passed in L.A.O.P.No. 2/2015 by the Sub Court, Ambasamudram. Prayer in WP(MD). 9417/ 2024 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus direct the 1st respondent to make reference for enhancement of compensation based upon the petitioner's application dated 27.03.2023 filed under Section 64 of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and further direct to made a fresh reference for apportionment of compensation as per the Section 76 of the Act 2013 before the competent Court as per the order dated 03.08.2016 passed in L.A.O.P.No. 2/2015 by the Sub Court, Ambasamudram. Prayer in WP(MD). 9418/ 2024 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Writ Petition, filed under Article 226 of the Constitution of India, praying this
court to issue a Writ of Mandamus direct the 1st respondent to make reference for enhancement of compensation based upon the petitioner's application dated 27.03.2023 filed under Section 64 of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and further direct to made a fresh reference for apportionment of compensation as per the Section 76 of the Act 2013 before the competent Court as per the order dated 03.08.2016 passed in L.A.O.P.No. 2/2015 by the Sub Court, Ambasamudram. ORDER:- This Writ Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.H.Arumugam, Advocate for the Petitioner in all the WP's and of Mr. D.S. Nedunchezian, Government Advocate for the Respondent in all the WP's this Court made the following order.
Today, the matter has been listed under the caption "for reporting compliance".
2. The learned counsel for the petitioner would submit that final award has been passed on 30.09.2020 in Final Award No.2/2020-21 for Award No.1/2014-15, dated 31.05.2014. Hence, the same may be substituted.
3. In view of the above submission, Paragraph No.4 of orders, dated 30.09.2024 made in W.P(MD)Nos.9416 to 9418 shall be substituted as follows: "Recording the above, this Writ Petition is disposed of. No costs. It is needless to state that the second respondent shall comply with the final award, dated 30.09.2020 passed in Award No.2/2020-21, by depositing the said amount together with interest, by following due procedure as
provided in the Act."
4. Registry is directed to carry out the above said corrections and issue the corrected copy to the parties.
5. At this juncture, the learned Government Advocate would submit that against the three awards, a single LAOP has been filed before the Principal District Court, Tirunelveli and the same is yet to be numbered.
6. In view of the same, the Principal District Judge, Tirunelveli is directed to ensure that the LAOP is numbered, if in order, within a period of two (2) weeks from the date of receipt of copy of this order and shall endeavour to dispose of the application within a period of six (6) months thereafter. Sd/- Assistant Registrar (CS I) // True Copy // /04/2025 Sub Assistant Registrar (CS - I/ II / III /IV) TO
1. The Principal District Judge, Tirunelveli.
2. The Sub Court, Ambasamudram.
3. The Special District Revenue Officer (Land Acquisition), River Linking Project, District Collectors Office, Tirunelveli.
4. The Land Acquisition Officer And Special Tahsildar, (L.A), FCC in ILRS, Unit-1, Ambasamudram @ Cheranmahadevi, Tirunelveli District.
5. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai.
+ 1 CC H. Arumugam Advocate (SR No. 62305/2024) + 1 CC H. Arumugam Advocate (SR No. 62306/2024) + 1 CC H. Arumugam Advocate (SR No. 62307/2024) Copy to:
The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 30/10/2024 ==========================
ORDER
========================== WP(MD). No.9416 to 9418 of 2024 Giving Direction and etc.
as stated within.
KR/02.04.2025 5P/10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023