S.Magudeshwaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA S.Mugudeshwaran .. Petitioner Vs.

1.The District Collector, The District Collector Office, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Special District Revenue Officer (Land Acquisition), District Revenue Office (Land Acquisition), Dindigul.

4.The Special Tahsildar, National Highway Authority, Dindigul.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents No. 1 to 4 to disburse the compensation amount for acquiring the petitioner land with an extent of 104 sq.ft in Old Survey No.692/3 and New Survey No.1244/5 situated at Palakkanoothu Village, Dindigul West

Taluk, Dindigul District by considering the petitioner's representation, dated 28.06.2024 and for other reliefs.

For Petitioner : Mr..S.Harish For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The present writ petition is filed for a mandamus to the respondents to disburse the compensation amount for acquiring the petitioner's land measuring an extent of 104 sq.ft comprised in Old Survey No.692/3 and New Survey No.1244/5 situated at Palakkanoothu Village, Dindigul West Taluk, Dindigul District by considering the petitioner's representation, dated 28.06.2024.

2. The petitioner claim a right to the compensation on the basis of the fact that the property belong to the petitioner's father, who has assigned patta and since it was the petitioner who was taking care of his father, out of his love and affection has executed a registered Will in favour of the petitioner on 31.08.2017. The objectors are none else than the paternal uncle' and aunt.

3. When the matter was taken up for hearing, the learned Additional Government Pleader would represent that objections have been made for the grant of compensation to the petitioner.

4. Considering the above, a mandamus is issued to the respondents to disburse the compensation after issuing notice to all the concerned, receive their objections and thereafter, disburse the compensation to the person who is rightly entitled to the same. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.

6. With the above directions, this Writ Petition stands allowed. No costs.

12.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The District Collector, The District Collector Office, Dindigul.

2.The District Revenue Officer, Dindigul District, Dindigul.

3.The Special District Revenue Officer (Land Acquisition), District Revenue Office (Land Acquisition), Dindigul.

4.The Special Tahsildar, National Highway Authority, Dindigul.

P.T.ASHA, J.

gbg 12.09.2024