Madras High CourtWP(MD)/29299/2023disposed of

Rengasamy.R v. The Government Of Tamilnadu

2023-12-12Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.R.Rengasamy 2.R.Karuppasamy 3.R.Selvaraj 4.N.Kalaiselvi 5.N.Saranya ... Petitioners Vs.

1.The State represented by The Secretary to Government, Commercial Taxes and Registration Department, Secretariate, Fort St.George, Chennai - 600 009.

2.The Deputy Inspector General of Registration, Madurai Region, Integrated complex of Registration Department, TNAU Nagar, Rajakampeeram, Othakadai, Madurai - 625 107.

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3.The District Collector, Thoothukudi District, Thoothukudi - 628 101.

4.The District Registrar, Registration Department, Thoothukudi District, Thoothukudi - 628 101.

5.The District Revenue Officer, Thoothukudi District, Thoothukudi - 628 101.

6.The Deputy Director of Town and Country Planning, Thoothukudi District, 51, West Car Street, Thoothukudi - 628 002.

7.The Special Tahsildar (Land Acquisition), Thoothukudi Railway Guage Doubling Unit I, Taluk Office Premises, Kovilpatti - 628 501.

8.The Assistant Director (Panchayat), Collector's Office, Thoothukudi District, Thoothukudi 628 101.

9.G.Vimala ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Valuation Sub Committee Under the Chairmanship of the District Collector, Thoothukudi District, the third respondent herein to fix the Guideline 2/6

Value of the lands in S.No.8/3, 8/4, 10/2B, 10/7, 10/8, 10/12, 20/2B, 20/5B and 184/10 of Manthithoppu Village, Kovilpatti Taluk, Thoothukudi District for the determination of compensation amount to be paid for acquisition as per Section 7(3) of Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 within time frame as may be fixed by this Court.

For Petitioners : Mr.A.V.Arun For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 to R.8

ORDER

Heard both sides.

2.The lands belonging to the writ petitioners have been acquired for railway works. The compensation has to be fixed and determined. The case of the petitioners is that the land has to be valued on square foot basis. The stand of the acquiring authority is that it has to be valued only on acreage basis.

3.As rightly pointed out by the learned counsel appearing for the petitioners, the issue has to be gone into under Section 47(A)(A) of 3/6

Indian Stamp Act, 1899. The petitioners' case will be dealt with by the said statutory committee and final order shall be passed within a period of twelve weeks from the date of receipt of a copy of this order. The compensation payable to the petitioners for the acquired lands will be decided thereafter. I make it clear that I have not gone into the merits of the matter. Call has to be taken by the concerned statutory committee. 4.This writ petition is disposed of accordingly. There shall be no order as to costs.

12.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Secretary to Government, Commercial Taxes and Registration Department, Secretariate, Fort St.George, Chennai - 600 009.

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