Madras High CourtWP(MD)/24908/2023disposed of

S.Stephen Raj v. The District Collector

2023-11-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Stephen Raj ... Petitioner Vs.

1.The District Collector, Office of District Collector, Ramanathapuram District, Ramanathapuram.

2.The Special Tahsildar, National Highway - 49, Unit I, (Old Building) (Ground Floor) Office of District Collector, Ramanathapuram District, Ramanathapuram.

3.R.Balasundara Moorthy 4.P.Vasanthi 5.M.Rajeshwari 6.B.Thiruselvam 7.B.Kalishwaran 8.K.Shanmugapriya 1/4

9.B.Muthulakshmi 10.R.Krishnaveni ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent not to grant compensation for the acquisition of the property in Survey No.128/1 and Survey No. 132/1A2 an extent of 26 cents in Old Patta No.337 and New patta No.1671 in Achuthanvayal Village, Ramnathapurak Taluka, Ramanathapuram District to the respondents No.3 to 10, till the final verdict to the Lok Adalat Award dated 19.12.2019 in O.S.No.41/2017 on the file of the Principal District Court, Ramanathapuram by considering the petitioner's representation dated 04.09.2023 within a period stipulated time by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 & R2.

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents 1 and 2. 2/4

2.The petition mentioned lands were acquired for road widening. The subject matter of acquisition was a subject matter of a civil suit. The suit was referred to Lok Aadalt. An award came to be passed. The case of the petitioner is that since the terms of the Lak Aadalt have not been complied with, the compensation amount as determined by the second respondent should not be disbursed.

3.This Court will not be justified in entertaining such a prayer in the first instance. The petitioner has lodged objection before the second respondent. The second respondent has to take a call in the matter after putting the other interested persons on notice. 4.Directing the second respondent to pass order on the petitioner's objection / representation, this writ petition is disposed of. No costs. 01.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- 1.The District Collector, Office of District Collector, Ramanathapuram District, Ramanathapuram.

2.The Special Tahsildar, National Highway - 49, Unit I, (Old Building) (Ground Floor) Office of District Collector, Ramanathapuram District, Ramanathapuram.

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