Dinesh Chordia v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19282 of 2018 and W.M.P.(MD)No.17117 of 2018 1.Dinesh Chordia 2.Santosh Chordia ... Petitioners Vs.
1. The District Collector, Collectorate Office, Kokarakulam, Tirunelveli-2.
2. The Special Tahsildar (Land Acquisition) Unit 6, Radhapuram, Nanguneri.
3. The Assistant Executive Engineer, PWD/WHO Special Project, Sub Division II, Ambasamudhram, Tirunelveli District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to consider the representation dated 17.07.2018 of the petitioners and forthwith direct the respondents to pay the compensation to the petitioners for the acquisition of the lands of an extent of 19 cents in survey no.931/1 and 13 acres and 99 cents in survey no.931/3 totally an extent of 14 acres 18 cents.
For Petitioners : Mr.C.Mahadevan for M/s.AL.Ganthimathi For Respondents : Mr.M.Rajarajan Government Advocate
ORDER
The petitioners claim to be owners of the lands comprised in Survey Nos.931/1 and 931/3 in Kasthurirengapuram village, Radhapuram Taluk, Tirunelveli District. They have given a representation dated 17.07.2018 and filed this writ petition for directing the respondents to pay compensation to them.
https://hcservices.ecourts.gov.in/hcservices/ 2.When the matter was taken up for hearing it was admitted by the learned Government Advocate that there is only a proposal to
acquire the land in question and that the acquisition process is yet to take off.
3.Therefore, I am of the view that this writ petition has been filed prematurely. No cause of action has arisen. The Government cannot be compelled to acquire any land. Only when it acquires a land, it can be directed to pay compensation. Acquisition proceedings are yet to commence.
4.Therefore, this writ petition is closed as premature. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-II) To
1. The District Collector, Collectorate Office, Kokarakulam, Tirunelveli-2.
2. The Special Tahsildar (Land Acquisition) Unit 6, Radhapuram, Nanguneri.
3. The Assistant Executive Engineer, PWD/WHO Special Project, Sub Division II, Ambasamudhram, Tirunelveli District.
+1cc to M/s.AL.Ganthimath, Advocate Sr.No.95950 +1cc to SPL.Govt.Pleader, Sr.No.95793 PNN KM/SV/SAR2/12.12.2018/2P/6C W.P.(MD)No.19282 of 2018 and W.M.P.(MD)No.17117 of 2018 16.11.2018 https://hcservices.ecourts.gov.in/hcservices/