S.Jayavel v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) Nos.8963 and 23332 of 2016 and W.P.(MD) No.14133 of 2017 and W.M.P.(MD) Nos.7148 and 16759 of 2016 and W.M.P.(MD) Nos.11079, 11080 and 18138 of 2017 S.Jayavel .. Petitioner in W.P.(MD) No.8963/2016 V.Veluchamy .. Petitioner in W.P.(MD) No.23332/2016 1.Subbulakshmi 2.Gurunathan 3.Parameshwari 4.Chandra 5.Ramuthai 6.Suganya 7.Gokul .. Petitioners in W.P.(MD) No.14133/2017 Vs.
1.The State of Tamil Nadu, through its Secretary, Department of Agricultural, Fort St. George, Chennai.
2.The Commissioner/Director, Department of Agricultural Marketing & Agri Business, Thiru Vi Ka Industrial Estate, Guindy, Chennai-600 032.
3.The District Collector, Tuticorin District, Tuticorin.
4.The Land Acquisition Officer-cum-Tahsildar, Vilathikulam, Tuticorin District.
5.The Secretary, Tirunelveli Market Committee, Nirubar Colony, Anna Nagar, Palayamkottai, Tirunelveli-627 002.
.. Respondents in all W.Ps.
Prayer in all W.Ps.: Petitions filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the entire records pursuant to the notification dated 01.02.1984 issued under Section 4(1) of Land Acquisition Act, 1894 by the fourth respondent as well as the entire consequent proceedings including the final award passed in Award No.1/88 dated 29.01.1988 on the file of the fourth respondent in respect of the petitioners' lands in Survey Nos.
38/11, 38/8B and 38/8 in Kulakattankurichi Village, Vilathikulam Taluk, Tuticorin District measuring an extent of 90 cents, 30 cents and 82 cents and quash the same as lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently retrieve the lands in Survey Nos.38/11, 38/8B and 38/8 in Kulakattankurichi Village, Vilathikulam Taluk, Tuticorin District measuring an extent of 90 cents, 30 cents and 82 cents respectively to the petitioners. For Petitioner :
Mr.P.M.Vishnuvarthanan (in all W.Ps) For RR1 to 4 :
Mr.D.S.Neduchezhian Government Advocate (in W.P.(MD) No.8963/2016 and 14133/2017) For RR1 to 4 :
Mr.P.Thambidurai Government Advocate (in W.P.(MD) No.23332/2016) For R5 :
Mr.S.Kumar (in all W.Ps.) COMMON ORDER It is informed by the learned Government Advocate that pursuant to the judgment passed by this Court in A.S.Nos.17 to 20 of 2004, dated 21.09.2010, reducing the compensation from a sum of Rs.1,000/- to a
sum of Rs.850/- per cent, the amounts have already been deposited to the credit of the Sub-Judge, Kovilpatti. Therefore, nothing survives for consideration in these writ petitions.
2. In the light of the above submission made by the learned Government Advocate and considering the fact that the acquisition proceedings have been upheld by this Court in A.S.Nos.17 to 20 of 2004, these Writ Petitions are dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 21.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The Secretary to Government, State of Tamil Nadu, Department of Agricultural, Fort St. George, Chennai.
2.The Commissioner/Director, Department of Agricultural Marketing & Agri Business, Thiru Vi Ka Industrial Estate, Guindy, Chennai-600 032.
3.The District Collector, Tuticorin District, Tuticorin.
4.The Land Acquisition Officer-cum-Tahsildar, Vilathikulam, Tuticorin District.
P.T.ASHA, J.
abr W.P.(MD) Nos.8963 and 23332 of 2016 and W.P.(MD) No.14133 of 2017 Dated: 21.08.2024