Pal Thangam, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.12.2022

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU and M.P.(MD).No.1 of 2014 Pal Thangam ... Petitioner Vs.

1.The District Collector, Tirunelveli.

2.The Special District Revenue Officer, Land Acquisition, Four Way Track, Tirunelveli, 3.The Project Officer, National High Way, Tirunelveli.

4.Thanapal ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 2 & 3 to disburse the compensation amount of Rs.5,40,264/- with interest to the petitioner based upon the representation of the petitioner dated 16.04.2014, within a time frame.

For Petitioner :Mr.S.Chinnaian For Respondents :Ms.D.FArjana Ghowshia Special Government Pleader for R1 & R2 :Mr.Arul Vadivel @ Sekar (No appearance) for R3

O R D E R

The writ petition is directing the 2nd and 3rd respondents to disburse the compensation amount of Rs.5,40,264/- with interest to the petitioner, based upon the representation of the petitioner dated 16.04.2014. 2.When the writ petition was admitted, the respondent had admitted that the petitioner is entitled to 1/7th share in the property. Based upon which, there was an interim direction issued, directing the respondents to pay a sum of Rs.4,00,000/- to the petitioner, pending disposal of the writ petition and that a further direction has also been issued, directing the petitioner to produce documents before the 2nd respondent, who shall adjudicate the issue, regarding the right, title and interest of the property for the purpose of disbursement of the compensation amount.

3.The learned Special Government Pleader appearing on behalf of the 1st and 2nd respondents had placed on record a letter received by her from the Special District Revenue Officer land acquisition, National Highways, Thirunelveli District. In the said letter, she had intimated that as per the direction issued by this Court, an amount of Rs.4,00,000/- has been paid and the same has also been acknowledged by the petitioner. However, pursuant to the direction of this Court, the petitioner had not made any further representation.

4.The learned counsel for the petitioner would submit that there is a balance of Rs.1,47,264/- payable to the petitioner. 5.In the light of the said submissions, I direct the 1st respondent herein to take into consideration, the representation of the petitioner dated 16.04.2014 and decide the claim of higher compensation, if any, and pass appropriate orders, after affording a reasonable opportunity to the petitioner. If the 1st respondent comes to the conclusion that the amount claimed is on the higher side, the respondent shall make appropriate reference to the

reference Court.

6.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.12.2022 Index : Yes / No Speaking Order/Non Speaking Order sbn To 1.The District Collector, Tirunelveli.

2.The Special District Revenue Officer, Land Acquisition, Four Way Track, Tirunelveli, 3.The Project Officer, National High Way, Tirunelveli.

K.KUMARESH BABU, J.

sbn and M.P.(MD).No.1 of 2014 14.12.2022