Madras High CourtWP(MD)/15495/2014disposed of

R. Karunakaran v. The District Colletor

2021-04-16Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.15495 of 2014 R.Karunakaran v. The District Collector BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15495 of 2014 (Through Video Conferencing) R.Karunakaran The Executive Officer, Pudukottai Temples, Pudukottai District ... Petitioner Vs.

1.The District Collector Pudukottai Pudukottai District 2.The District Revenue Officer, (Land Acquisition) National Highways 210 District Collector Office, Pudukottai District ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the 2nd respondent to disburse the awarded amount in the name of Executive Officer, Pudukottai Devasthanam, Pudukottai District on the basis of the petitioner's representation dated 15.08.2014 within a time frame fixed by this Court.

For Petitioner :Mr.G.Mathavan For Respondents :Mr.K.P.Narayanakumar Special Government Pleader

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 2nd respondent to disburse the award amount in the name of the petitioner Temple by considering the representation made by the petitioner on 15.08.2014.

2.The case of the petitioner is that the respondents acquired the property belonging to the Temple and the second respondent also fixed the compensation amount. The compensation amount was not disbursed to the petitioner and hence, a representation was made before the second respondent on 15.08.2014. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.The learned Special Government Pleader appearing on behalf of the respondents submitted that there were totally three claims that https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15495 of 2014 R.Karunakaran v. The District Collector were made for the disbursement of the compensation amount. Since there were conflicting claims made, the second respondent has referred the matter to the Sub Court, Pudukottai, in accordance with Section 3H(4) of the National Highways Act, 1956. 4.In view of the above development, the relief sought for by the petitioner cannot be granted by this Court. However, liberty is given to the petitioner to work out its remedy by filing appropriate application before the sub Court, Pudukottai and proceed further in accordance with law.

5.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (w) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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. To 1.The District Collector Pudukottai Pudukottai District 2.The District Revenue Officer, (Land Acquisition) National Highways 210 District Collector Office, Pudukottai District.

+1 CC to M/s.SPL GP ( SR-16292[F] dated 17/04/2021 ) W.P.(MD)No.15495 of 2014 16.04.2021 VB (30/04/2021) 2P / 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2