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Madras High CourtWP(MD)/14551/2019dismissed as infructuous

K.Poomayil, W/O.N.Kanagaraj, v. The District Collector,

2020-08-05Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR 1.N.K.Ganesan ... Petitioner in W.P(MD)No.16218 of 2019 2.K.Poomayil ... Petitioner in W.P(MD)No.14551 of 2019 Vs.

1.The District Collector, District Collector Campus, Madurai.

2.The Revenue Divisional Officer, Madurai Collector Campus, Madurai.

3.The Special Thasildar, Airport Extension Phase 1, Madurai Collectorate Campus, Madurai - 625 020.

... Respondents in both WPs COMMON PRAYER:

Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to complete the process in Na.Ka.No.3715/2009/B6, dated 30.05.2019 and consider the petitioners representations within time stipulated by this Hon'ble Court.

For Petitioners : Mr.K.Neethimohan in both WPs For Respondents : Mr.M.Rajarajan Government Advocate in both WPs 1/3

COMMON ORDER These Writ Petitions are filed to direct the second respondent to complete the process in Na.Ka.No.3715/2009/B6, dated 30.05.2019 and consider the petitioners' representations within time stipulated by this Court.

2.When the matter is taken up for hearing the learned Government Advocate has placed the letter in ROC.No.89/2019/LA, dated 28.06.2019, wherein it has been stated that the petitioners / land owners have received the compensation amount sanctioned vide the Collector's proceedings ROC.No.3715/2009/B6, dated 07.03.2019 in the reference cited above under protest on 310.11.2017. The Special Tahsildar(LA) has referred the matter to the III Additional Subordinate Court, Madurai, for enhancement of compensation. If the said provision of the Act was relinquished by this Court and the same is pending before the Hon'ble Supreme Court, it is for the petitioners to challenge the said award following the decision of the Hon'ble Division Bench of this Court.

3.In view of the submission made by the learned Government Advocate appearing for the respondents, the prayer sought for by the petitioners in the Writ Petitions has become infructuous. It is for the parties concerned to question the validity of the award passed by the respondent, pursuant to the order passed by the Division Bench of this Court in W.P(MD)No.3545 of 2019, before the appropriate forum. No costs.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) vsd/Ns Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To

1. The District Collector, District Collector Campus, Madurai.

2. The Revenue Divisional Officer, Madurai Collector Campus, Madurai.

3. The Special Thasildar, Airport Extension Phase 1, Madurai Collectorate Campus, Madurai - 625 020.

+1 CC to The SPL GP ( SR-13820[F] dated 07/08/2020 ) W.P.(MD)Nos.16218 and 14551 of 2019 05.08.2020 CS (24.08.2020) 3P 5C 3/3