Urmila Bhuvanesh v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.25133 of 2024 1.Urmila Bhuvanesh 2.Vikranth Neelakantan Kobla 3.Poornima Sivaprasad

...Petitioners

Vs.

1.The Authorized Officer and Special District Revenue Officer (Land Acquisition) National Highways No.744-A, Madurai Ring Road, Madurai.

2.The Special Tahsildar, (Land Acquisition), Madurai East Taluk, Phse-1, 10, Electricity Nager, Surveyor Colony, Madurai-7.

3.The Revenue Divisional Officer, Madurai West, Madurai District.

4.The Tahsildar, Madurai West, Madurai District.

5.Jeevanandam

...Respondents

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Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 & 2 to disburse/pay the compensation amount in respect of an extent of 38.0 sq.meters out of the total extent of 1 acre 1 cent comprised in S.F.No.128, Kochadai Village, Madurai District on the basis of the records produced by the petitioner, dehors the entry made in the Town Survey Land Register by the third respondent at the instance of the fifth respondent.

For Petitioner : Mr.T.Sivananthan for M/s.RGS Law Firm For R1 to R4 : Mr.D.Gandhi Raj Special Government Pleader

O R D E R

This writ petition has been filed for a direction directing the respondents 1 & 2 to disburse the compensation amount for the land acquired to an extent of 38.0 sq.meters out of the total extent of 1 acre 1 cent comprised in S.F.No.128, Kochadai Village, Madurai District.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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4. The petitioner and the fifth respondent are claiming title over the property. Therefore, the respondents 1 & 2 could not able to disburse the award amount for the land, which was acquired for the purpose of expansion of the road.

5. In view of the above, the direction sought for in this writ petition cannot be considered.

6. The petitioner and the fifth respondent are directed to ascertain their right over the land, which was acquired by the respondents 1 & 2,, before the Civil Court in the manner known to law. Thereafter, they can claim the award amount before the respondents 1 & 2 and after that, the respondents shall disburse the claim amount.

5. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. Internet : Yes Index : Yes/No 11.12.2024 Speaking/Non Speaking order am 3/5

To 1.The Authorized Officer and Special District Revenue Officer (Land Acquisition) National Highways No.744-A, Madurai Ring Road, Madurai.

2.The Special Tahsildar, (Land Acquisition), Madurai East Taluk, Phse-1, 10, Electricity Nager, Surveyor Colony, Madurai-7.

3.The Revenue Divisional Officer, Madurai West, Madurai District.

4.The Tahsildar, Madurai West, Madurai District.

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G.K.ILANTHIRAIYAN, J.

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