A.R. Iqbal 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).Nos.1 & 2 and 1 & 2 of 2014 W.P.(MD).No.11853 of 2014 A.R.Iqbal ... Petitioner Vs.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the
records in the impugned order dated 19.07.2013 in Na.Ka.No. 1032/2011/A/N.H/Thiruvarur and the subsequent memo dated 06.06.2014 issued in Na.Ka.No.1032/2011 by the 2nd respondent and quash the said order dated 19.07.2013 and memo dated 06.06.2014 and direct the 2nd respondent to include the petitioner's name also as persons claiming statutory Tenancy right over the land of 100 sq.mts, comprised in Survey No.181/1 of Thirupananthal West Village,Thiruvidaimaruthur Taluk, Thanjavur District in the Land Acquisition proceedings for National Highways 45C, Vikiravandi-Kumbakonam-Thanjavur Section, and determine the compensation after hearing the petitioner with due notice and order apportionment of compensation at 60% to the petitioner and 40% to the 3rd respondent, apart from value for improvements, as per law. For Petitioner :Ms.Anbarasi Dhanaseelan For Respondents :Mr.M.Prakash Additional Government Pleader for R1 & R2 :Mr.T.Antony Arul Raj Mr.Anwar Sameen for R3 ***** W.P.(MD).No.11854 of 2014 A.Najeemudeen ... Petitioner Vs.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records in the impugned order dated 19.07.2013 in Na.Ka.No. 1032/2011/A/N.H/Thiruvarur and the subsequent memo dated 06.06.2014 issued in Na.Ka.No.1032/2011 by the 2nd respondent and quash the said order dated 19.07.2013 and memo dated 06.06.2014 and direct the 2nd respondent to include the petitioner's name also as persons claiming statutory Tenancy right over the land of 6200 sq.mts, comprised in Survey No.183/3A of Thirupananthal West Village, Thiruvidaimaruthur Taluk, Thanjavur District in the Land Acquisition proceedings and determine the compensation after hearing the petitioner with due notice and order apportionment of compensation at 60% to the petitioner and 40% to the 3rd respondent.
For Petitioner :Ms.Anbarasi Dhanaseelan For Respondents :Mr.M.Prakash Additional Government Pleader for R1 & R2 :Mr.T.Antony Arul Raj Mr.Anwar Sameen for R3 *****
COMMON ORDER These writ petitions are for a certiorarified Mandamus seeking to call for the records of the orders passed by the 2nd respondent and consequently direct the 2nd respondent to include the petitioner's name also as persons interested to receive compensation, as he is a cultivating tenant. 2.It is now brought to the notice of this Court, by the learned counsel for the petitioner that the case of the petitioner has been referred to the reference Court namely the Principal District Judge, Thanjavur, in L.A.O.P.No.53/21 and the same is pending consideration, since the claim of the petitioner has been referred before the appropriate reference Court. 3.The reference Court namely the Principal District Judge, Thanjavur, is directed to consider the claim of the petitioner as well as the 2nd respondent herein and pass appropriate orders within a period of four months from the date of receipt of a copy of this order. The amount in deposit to the credit of the L.A.O.P.No.53/21 may be disbursed in accordance with the decision arrived at by the reference Court in the
aforesaid L.A.O.P.No.53/21.
4.With the above observation, these writ petitions are disposed of. No costs. Consequently connected miscellaneous petitions are closed. 14.12.2022 Index : Yes / No Speaking Order/Non Speaking Order sbn To
K.KUMARESH BABU, J.
sbn and M.P.(MD).Nos.1 & 2 and 1 & 2 of 2014 14.12.2022