Subramaniayan v. The District Collector
W.P(MD)No.21048 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.21048 of 2021 and W.M.P(MD).No.17655 of 2021 1.Subramaniyan 2.Nallusamy 3.Parmeswari ... Petitioners Vs.
1.The District Collector, Karur, Karur District.
2.The Revenue Divisional Officer, Karur, Karur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to make the reference to the competent civil court/the land Acquisition Tribunal for determination of adequate compensation for acquired land in Survey No.515/1C situated in Thathoni Village, Karur Taluk, Karur District by considering petitioners' representation dated 25.12.2020 within time frame fixed by this Court. For Petitioners : Mr.V.Sukumar For Respondents : Mr.S.Shanmugavel, Additional Government Pleader.
ORDER
The only relief sought in the Writ Petition is that, the second respondent / the Revenue Divisional Officer, Karur District, should make reference before the competent civil Court / Land Acquisition Tribunal for determining the compensation for the lands acquired in Survey No.515/1C in Thathoni Village, Karur Taluk, Karur District.
2.
Mr.S.Shanmugavel, learned Additional Government Pleader takes notice for the respondents.
3. Pursuant to acquisition of the land, since the compensation which had been determined was not acceptable by the petitioners, representations were made to refer the matter before https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P(MD)No.21048 of 2021 the competent civil Court. The matter was referred by the second respondent to the Sub Court at Karur which does not have jurisdiction and is not the Land Acquisition Tribunal. The matter should be referred to the Principal District Court Tribunal, Karur which is the Land Acquisition Tribunal. That is the only relief sought in the Writ Petition.
4. My attention is drawn to a communication received by the petitioners herein, wherein, it had been stated that since there are some corrections to be carried out, it had not been presented before the District Court, Karur.
5. A direction is given that such corrections may be carried out and reference may be made before the Principal District Court at Karur on or before 10.01.2022.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr 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, Karur, Karur District.
2.The Revenue Divisional Officer, Karur, Karur District.
+1 CC to M/s.V.SUKUMAR, Advocate (SR-36424[F] dated 29/11/2021) +1 CC to M/s.SPL GP ( SR-36039[F] dated 26/11/2021 ) W.P(MD)No.21048 of 2021 25.11.2021 DJ(CO) SB(10.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2