Madras High CourtWP(MD)/29650/2023disposed of

Jagannathan.J v. The Special District Revenue Officer

2023-12-22Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.29650 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29650 of 2023 J.Jagannathan ... Petitioner Vs.

1. The Special District Revenue Officer, (Land Acquisition-National Highways 47), Tirunelveli.

2. The Special Tahsildar, (Land Acquisition-National Highways 47), Vilavancode, Kanyakumari District.

3. The Project Director, National Highways Authority of India, 395/3-1, M.S.Road, Majestic Colony, Near Ayyappan Temple, Parvathipuram, Nagercoil, Kanyakumari District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to disburse the compensation amount to the petitioner for acquiring the land in survey No.423/7B2(old survey No.3055) for an extent of 9.439 cents situated at Thiruvithancode Village, Kalkulam Taluk, Kanyakumari District for formation of National Highways 47 in pursuant to the enquiry notice dated 10.08.2022 issued by the second respondent.

For Petitioner : Mr.P.Arun Jayatram 1/4

2 W.P.(MD)NO.29650 OF 2023 For R-1 & R-2 : Mr.M.Sidharthan, Additional Government Pleader.

For R-3 : Mr.Su.Srinivasan * * *

O R D E R

Heard both sides.

2. The petitioner seeks disbursement of compensation for the amount acquired.

3. Though the compensation amount has been disbursed, since there is a rival claim, the respondents have not disbursed the compensation to the petitioner. The petitioner's counsel states that the civil proceedings have ended in his favour and the details have also been furnished. The petitioner has given representation in this regard.

4. The second respondent is directed to take a call in the matter. When there is rival claim, the procedure prescribed in the statute has to be followed. This exercise will be completed within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition stands disposed of accordingly. No costs.

22.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.29650 OF 2023 To:

1. The Special District Revenue Officer, (Land Acquisition-National Highways 47), Tirunelveli.

2. The Special Tahsildar, (Land Acquisition-National Highways 47), Vilavancode, Kanyakumari District.

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4 W.P.(MD)NO.29650 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.29650 of 2023 22.12.2023 4/4