Madras High CourtWP(MD)/10647/2015disposed of

M.Subbulakshmi v. The District Collector,

2020-01-08Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2020

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.10647 of 2015 and M.P.(MD)No.1 of 2015 M.Subbulakshmi ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Special Tahsildar (Land Acquisition), Special Minor Irrigation Programme, Virudhunagar, Virudhunagar District.

4.Amirtharaj Thevar 5.A.Mariammal 6.A.Balakrishnan 7.A.Balammal 8.A.Krishammal 9.Veeralakshmi 10.Pandeeswari 11.Pandirajan ... Respondents (R5 to R11 are impleaded vide order dated 08.01.2020 made in W.M.P. (MD)No.2836 of 2017 in W.P.(MD)No.10647 of 2015) Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to settle the award amount of Land Acquisition proceedings in Roc.A.1190/84 dated 25.01.1986 of the third respondent in connection with Survey No.439/1A and 439/1B to an extent of 1 acre 62 cents situated at Naduvapatti Village, Enchar Post, Sivakasi Taluk, Virudhunagar District to the petitioner in the light of representation of the petitioner dated 04.12.2014. For Petitioner : No Appearance For R1 to R3 : Mr.M.Rajarajan, Government Advocate.

For R5 to R11 : Mr.S.Subbiah

ORDER

This Writ Petition has been filed to direct the respondents to settle the award amount of Land Acquisition proceedings in Roc.A.1190/84 dated 25.01.1986 of the third respondent in connection with Survey No.439/1A and 439/1B to an extent of 1 acre 62 cents

situated at Naduvapatti Village, Enchar Post, Sivakasi Taluk, Virudhunagar District to the petitioner in the light of representation of the petitioner dated 04.12.2014. 2.The fourth respondent died during the pendency of this writ petition and the legal heirs of the fourth respondent are impleaded as respondents 5 to 11.

3.It is the case of the petitioner that the land belonged to the petitioner was acquired and compensation has also been paid to him. However, there was a rival claim at the instance of the fourth respondent. It is stated by the petitioner that in the suit filed by the petitioner against the fourth respondent was decreed exparte and that the petitioner has been declared as owner of the property, which was acquired. The suit in O.S.No.495 of 2004 on the file of the District Munsif, Virudhunagar was filed by the petitioner as plaintiff against the fourth respondent and others for declaration that the suit property belongs to the plaintiff and for consequential injunction restraining the defendants 2 and 4 to disburse the compensation to the first defendant, who is the fourth respondent herein and also for mandatory injunction to direct the defendants 2 and 4 to disburse the compensation to the petitioner herein.

4.Based on the exparte decree, it appears that the petitioner has approached the Land Acquisition Officer for disbursement of the compensation to the petitioner. Based on the records produced by the petitioner, it appears that the Sub-Collector, Sivakasi, by proceedings dated 31.01.2017, has disbursed the compensation to the petitioner.

5.The learned counsel appearing for the respondents 5 to 11 produced a cheque drawn in favour of the petitioner to show that the compensation demanded in respect of land acquired and the compensation was disbursed even in the month of December 2017. 6.It is stated that the first defendant in the suit, who is the fourth respondent herein, died in the year 2006 whereas the judgment and decree in O.S.No.495 of 2004 was passed on 29.07.2008 and it is contended by the learned counsel for the respondents 5 to 11 that the judgment and decree in O.S.No.495 of 2004 is a nullity as it was passed against the dead person. It is also submitted that the respondents 5 to 11 have filed a petition to set aside the exparte decree in the suit in O.S.No.495 of 2004.

7.The learned Government Advocate appearing for the official respondents submitted that the official respondents, while passing an award, has obtained a bond from the petitioner. 8.In such circumstances, the respondents 5 to 11 are given liberty to approach the Court and prosecute further to set aside the exparte decree in O.S.No.495 of 2004. In case, the decree in

O.S.No.495 of 2004 is set aside and the title of the respondents 5 to 11 is declared in the suit, after setting aside exparte decree, the respondents 1 to 3 shall pass appropriate orders depending upon the outcome of the civil suit in O.S.No.495 of 2004. 9.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Special Tahsildar (Land Acquisition), Special Minor Irrigation Programme, Virudhunagar, Virudhunagar District.

+1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-962[F] +1 CC to M/s.SPL.GP ( SR-951[F] dated 09/01/2020 ) +1 CC to M/s.A.P.MUTHUPANDIAN, Advocate ( SR-1151[F] W.P.(MD)No.10647 of 2015 08.01.2020 SMA/10/02/2020/3P/7C