P.Innasimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Innasimuthu ... Petitioner Vs.

1.The District Collector, District Collectorate, Pudukottai.

2.The Special Officer (Land Acquisition), 3.The Special District Revenue Officer, Land Acquisition, 4.The Executive Engineer, Water Resources Department, Special scheme Division, Cauvery - Vaigai - Gundaru Scheme, 1/5

5.The Special Tahsildar, Unit IV, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to fix the compensation based on the 2023 property guideline value for petitioner's land in the Survey Numbers 154/1A, 154/1C, 154/2 and 155/3 situate at Sembattur Village, Pudukkottai Taluk and District by including the bore well along with square well situate in SF.No.154/1D in par with adjacent lands bearing SF.Nos. 154/3, 175/1, 175/2 and 175/3, by considering the petitioner's representation dated 30.10.2023 and objections given by the petitioner to the third respondent dated 08.11.2023.

For Petitioner : Mr.R.Paranjothi For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader

ORDER

Heard both sides.

2.The question of entertaining the writ petition at this stage does not arise at all. The petitioner's lands have been acquired. In fact, a 2/5

supplementary notification was also issued to cover the omitted land. The petitioner apprehends that the award enquiry will not take into account his objections.

3.I fail to understand as to why the petitioner should have such apprehension. If the award is not acceptable to the petitioner, the petitioner can receive the award amount without prejudice his right to challenge the same in the manner known to law. The statute sufficiently safeguards the rights of the petitioner. This Court cannot assume that the land acquisition officer will not bear the statutory parameters in mind. 4.Granting liberty to the petitioner as mentioned above, this writ petition is disposed of. There shall be no order as to costs. 06.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/5

To 1.The District Collector, District Collectorate, Pudukottai.

2.The Special Officer (Land Acquisition), 3.The Special District Revenue Officer, Land Acquisition, 4.The Executive Engineer, Water Resources Department, Special scheme Division, Cauvery - Vaigai - Gundaru Scheme, 5.The Special Tahsildar, Unit IV, 4/5

G.R.SWAMINATHAN, J.

MGA 06.12.2023 5/5