Madras High CourtWP(MD)/18482/2015disposed of

Abdul Kharim, v. The Special District

2023-01-30Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU W.P.(MD).No.18482 of 2015 and M.P.(MD).No.1 of 2015 Abdul Kharim ... Petitioner Vs.

1.The Special District Revenue Officer, (Land Acquisition National Highways) 2.The Revenue Divisional Officer, O/o.The Revenue Divisional Office, Paramakudi.

3.The Special Tahsildar, (Land Acquisition) Taluk Office, Paramakudi, 4.The Tamil Nadu Wakf Board, 4/9, 9th Cross Street, Indra Nagar, Chennai-20 ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of mandamus, directing the respondents 1 to 3 not to disburse the amount of Rs.23,33,756/- as compensation to the 4th respondent till the dispute with regard to title of the petitioner and 4th respondent is over in respect of the property situated in Survey Number 181/6A at Paralai Village, Melapathibanoor Group, Paramakudi Taluk, For Petitioner :Mr.S.Siva Thilakar For Respondents :Mr.G.Sivaraja Government Advocate for R1 to R3 :Mr.K.K.Senthil Government Advocate for R4

O R D E R

The writ petition has been filed seeking for a mandamus, directing the respondents 1 to 3 not to disburse the amount of Rs.23,33,756/- as compensation to the 4th respondent till the dispute with regard to title of the petitioner and 4th respondent is over, in respect of the property situated in Survey Number 181/6A at Paralai Village, Melapathibanoor Group, Paramakudi Taluk, Ramanathapuram District.

2. Today, when the matter is taken up for hearing, the learned Government Advocate produced a receipt issued by the District Court, Ramanathapuram, acknowledging the deposit of cheque in respect of the land acquisition proceedings initiated by the 1st respondent in respect of Survey No.181/6A, Paralai Village, Melapathibanoor Group, Paramakudi Taluk, Ramanathapuram District.

3. In view of the deposit made before the appropriate reference Court, the mandamus as prayed for cannot be issued. However, petitioner is at liberty to approach the appropriate reference Court, in which the deposit has been made for further relief.

4. With the aforesaid observations, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

30.01.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn

To 1.The Special District Revenue Officer, (Land Acquisition National Highways) 2.The Revenue Divisional Officer, Paramakudi.

3.The Special Tahsildar, (Land Acquisition) Taluk Office, Paramakudi, 4.The Tamil Nadu Wakf Board, 4/9, 9th Cross Street, Indra Nagar, Chennai-20

K.KUMARESH BABU, J.

sbn W.P.(MD).No.18482 of 2015 and M.P.(MD).No.1 of 2015 30.01.2023