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Madras High CourtWP(MD)/22116/2024dismissed

R.Thangarajan v. The District Collector

2024-09-18Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA R.Thangarajan .. Petitioner Vs.

1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Special Thasildhar (Land Acquistion), SIPCOT Office, Thoothukudi, Thoothukudi District.

..Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to disburse, solatium and compensation by fixing the market value of the properties and interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013 for the acquisition of land to an extent of 2 acre 82 cents in Survey Nos.47/4A, 47/4B and 47/4C of Meelavitan Part-I Village, Thoothukudi Taluk, Tuticorin District by considering the representation of the petitioner, dated 18.03.2024 within a time frame that may be fixed by this Court.

For Petitioner :

Mr.L.Jeen Felix For Respondents :

Mr.D.S.Neduncheziyan Government Advocate

ORDER

The present writ petition has been filed for directing the respondents to disburse, solatium and compensation by fixing the market value of the properties and interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act, 2013 for the acquisition of land to an extent of 2 acre 82 cents in Survey Nos.47/4A, 47/4B and 47/4C of Meelavitan Part-I Village, Thoothukudi Taluk, Tuticorin District by considering the representation of the petitioner, dated 18.03.2024.

2. When the matter is called, the learned Government Advocate produced an agreement executed by the petitioner himself wherein it states as follows:

"(3) The Government and the owner/person interested in the land / lands herein have mutually agreed for an agreement of Rs.18,20,000/- (Rupees Eighteen Lakhs and Twenty Thousand only) fixed towards land value per acre which shall be payable by the Government as compensation to the owner/person interested and the owner and person

interested has agreed to receive the compensation as worked out at this rate towards the land/lands specified in the Schedule below.

(4) The owner/person interested shall also not claim any amount in excess over the amount fixed by the Land Acquisition Officer for the trees, structures, etc. if any in the land/lands specified in the Schedule below."

3. In view of the above, this Writ Petition stands dismissed. No costs.

18.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Thoothukudi, Thoothukudi District.

2.The Special Thasildhar (Land Acquistion), SIPCOT Office, Thoothukudi, Thoothukudi District.

P.T.ASHA, J.

gbg 18.09.2024