A.Jeyaraman v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA W.P(MD)NO.26116 OF 2024 A.Jeyaraman : Petitioner .vs.
1.The District Collector, District Collectorate Office, Dindigul.
2.The Special District Revenue Officer(Land Acquisition), Land Acquisition and Management, Madurai.
3.The Special Tahsildar(Land Acquisition), Dindigul Town Bypass, Dindigul Unit, Dindigul District.
:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to remit the eligible compensation amount to the Petitioner's land acquired by the first respondent for the purpose of formation of Dindigul Town By pass road to distance about from0/0 to 10/250 kms as per Tamil Nadu Highways Act, 2001 by considering the Petitioner's representation, dated 26.09.2024 within the time frame fixed by this Court.
For Petitioner :Mr.J.Senthil Kumaraiah For Respondents :Mr.A.Kannan 1 to 3 Addl.Govt.Pleader
O R D E R
********** The Petitioner has filed the above Writ Petition for issuance of a Writ of Mandamus directing the respondents to remit the eligible compensation amount to the Petitioner's land acquired by the first respondent for the purpose of formation of Dindigul Town By pass road to distance about from 0/0 to 10/250 kms as per Tamil Nadu Highways Act, 2001 by considering the Petitioner's representation, dated 26.09.2024.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The Petitioner is the owner of some of the subject properties and also is a power agent coupled with aboslute interest for the other properties.The subject properties were acquired by the second respondent for the purpose of formation of Dindigul Bypass Road under the Tamil Nadu Highways Act, 2001. For the subject lands compensation amount was awarded in Award No.4 of 2023, dated 22.06.2023. While so, the Petitioner received a
memo, dated 21.12.2023 from the third respondent calling upon him to submit the relevant documents of the subject lands from the year 1960, for the purpose of considering his request seeking compensation for the properties. On 26.09.2024, the Petitioner submitted a representation along with all the relevant documents as requested by the third respondent for disbursement of compensation for his lands. As the said representation was not considered, the Petitioner filed the above Writ Petition for the aforesaid relief.
4.Heard both side counsels. Perused the records. By consent of the counsels, the Writ Petition is taken up for final disposal. 5.The learned counsel for the Petitioner submitted that pending Writ Petition, the third respondent passed an order on 04.12.2024, rejecting the Petitioner's claim for disbursement of compensation. The learned counsel therefore prayed that he may be permitted to challenge the order of the third respondent, dated 04.12.2024.
6.In view of the fact that the Petitioner's claim for compensation was rejected by the third respondent on 04.12.2024, the prayer sought for in the Writ Petition cannot be entertained.
However, the Petitioner is permtited to challenge the order, dated 4.12.2024 passed by the third respondent in a manner known to law, if so advised.
7.The Writ Petition is disposed of accordingly. No costs. 10.12.2024 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The District Collector, District Collectorate Office, Dindigul.
2.The Special District Revenue Officer(Land Acquisition), Land Acquisition and Management, Madurai.
3.The Special Tahsildar(Land Acquisition), Dindigul Town Bypass, Dindigul Unit, Dindigul District.
N.MALA, J.
vsn ORDER MADE IN W.P(MD)NO.26116 of 2024 10.12.2024