Senthamarai.P v. The Special Tashildar (Land Acquisition)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.18541 of 2023 P.Senthamarai ... Petitioner Vs.

1.The Special Tahsildar (Land Acquisition), NH-209, Dindigul-Ottanchathiram-Pollachi, National Highway Scheme, No.4/659, Land Acquisition Office, Indira Nagar, Thadikombu Road, Dindigul.

2.The Tahsildar, Athur Taluk, Dindigul District.

3.The District Collector, Dindigul District, Dindigul.

(R3 is impleaded vide order dated 13.03.2024 in W.M.P.(MD)No.13689 of 2023) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to provide remaining award amount to the petitioners land in respect of S.F.Nos. 1071/3 and 1071/7 situated at Athur Revenue Village, Dindigul District by considering the petitioners representation dated 29.03.2023 within a stipulated 1/4

time as may be fixed by this Court.

For Petitioner : Mr.V.Muthukamatchi For Respondents : Mr.D.Gandhiraj Special Government Pleader for R1 to R3

ORDER

Heard both sides.

2. The petitioner seeks direction for payment of the balance award amount. The land in question was acquired. Dispute has arisen regarding the apportionment of the amount. The stand of the authority is that the amount has been deposited in the civil Court. That is not sufficient. The competent authority must also refer the dispute for the decision of the Principal Civil Court. It is not clear if such reference has been made. If it has not been already made, it shall be made within a period of four weeks from the date of receipt of a copy of this order. Reference Court shall also take the reference on file immediately and without any delay. Notices shall be issued to all the concerned parties. Reference will be answered on merits and in accordance with law within a period of six months from the date of receipt of reference. I make it clear that I have not gone into the merits of the matter. 2/4

3. The Writ Petition is disposed of accordingly. No costs. 13.03.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The Special Tahsildar (Land Acquisition), NH-209, Dindigul-Ottanchathiram-Pollachi, National Highway Scheme, No.4/659, Land Acquisition Office, Indira Nagar, Thadikombu Road, Dindigul.

2.The Tahsildar, Athur Taluk, Dindigul District.

3.The District Collector, Dindigul District, Dindigul.

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G.R.SWAMINATHAN, J.

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