Krishnaswamy.R v. The Competent Authority / Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Krishnaswamy ... Petitioner Vs 1.The Competent Authority / Revenue Divisional Officer, Land Acquistiion for National Highways, Kulithalai, Karur District.

2.The District Collector, Karur District, Karur.

3.The Divisional Engineer, The National Highways Authority, No.44, 3rd Main Road, Jeyanagar Extension, Ponnagar, Karumandapam, Trichirappalli-620001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to disburse the compensation amount for the land acquired for development of NH 67 for an extent of 1971 sq.mts, comprised in S. No.347/6A, situated in Rajendran Village, Kulithalai Taluk, Karur District in favour of the petitioner. 1/4

For Petitioner : Mr.R.Murali For R1 & R2 : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The writ petitioner is a senior citizen and also advocate by profession. The petition mentioned lands originally belonged to late Shri.R.T.Varada Iyengar. The petitioner is his grandson. Shri.R.T.Varada Iyengar had two sons namely Shri.V.Ramanujam Iyengar and Shri.V.Jaganatha Iyengar. The petitioner is the son of Shri.V.Ramanujam Iyengar. The petitioner's father passed away on 10.07.1978. The petitioner was born with one brother and two sisters. The petitioner's mother as well as the elder brother are no more. While so, the extent of 1971 sq.meters in Survey No.347/6A in Rajendram Village was acquired for widening of NH67. The acquisition proceedings concluded in the year 2008 itself. A sum of Rs.83,000/- appear to have been awarded. The said amount has not been disbursed till date. The petitioner is willing to execute an indemnity bond.

3. I am more than satisfied that no rival claim or objection will be raised. 2/4

There cannot be any doubt that even if a family partition takes place, the amount in question can be adjusted against the writ petitioner's share. The petitioner is having SB account in Karur Vysya Bank at its Kulithalai Branch. The account number is 1150155000003994 & IFSC No.KVBL0001150.

4. In this view of the matter, the first respondent is directed to credit the award amount in the aforementioned bank account immediately after the writ petitioner or his authorised representatives executes an indemnity bond to the first respondent.

5. The Writ Petition is allowed. No costs.

12.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The Competent Authority / Revenue Divisional Officer, Land Acquistiion for National Highways, Kulithalai, Karur District.

2.The District Collector, Karur District, Karur.

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G.R.SWAMINATHAN, J.

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