Petitioner filed a writ petition seeking a mandamus under Article 226 of the Constitution to direct the Tahsildar to measure and demarcate the boundary of 7.750 cents of non-acquired land in Survey No.830/5.
Respondents directed to consider the representation dated 24.05.2018, measure the land, fix boundary stones, and pass orders within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2018
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.18487 of 2018 and W.M.P(MD)No.16390 of 2018
A.Sundaraj ... Petitioner
Vs.
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Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the sixth respondent to pass orders on the representation, dated 24.05.2018 for measuring the petitioner's land in Survey No.830/5 measuring an extent of 7.750 cents at Valvachagostam Village, Kalkulam Taluk, Kanyakumari District and fix boundary stones.
For Petitioner : Mr.G.Justin For RR 1, 2, 4 to 7 : Mr.B.Bagavathy, Government Advocate. For R – 3 : Mr.Su.Srinivasan
ORDER
This writ petition has been filed seeking a writ of Mandamus, to direct the sixth respondent to pass orders on the representation, dated 24.05.2018 for measuring the petitioner's land in Survey No.830/5 measuring an extent of 7.750 cents at Valvachagostam Village, Kalkulam Taluk, Kanyakumari District and fix boundary stones.
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amount paid to the petitioner under different heads are extracted hereunder:-
“Thiru.Sundar Raj – R.S.No.830/5 Thiru.Sundar Raj, S/o.Anantha Padmanabhan produced a partition deed Document No.1134, dated 16.06.1998. As per the document Thiru.Ramalingam Nadar, S/o.Anantha Padmanabhan has gifted an extent of 27.500 cents of land to Thiru.Sundar Raj, S/o.Anantha Padmanabhan and Document No.1412, dated 08.05.1963 an extent of 35 cents of land by Thiru.Ramalingam Nadar, S/o.Anantha Padmanabhan to Thiru.Sundar Raj, S/o.Anantha Padmanabhan. He is in possession and enjoyment of the land. Out of this area an extent of 2390 square meter of land is under acquisition. No one challenged the right of possession of the land. The value of structure and trees are not received from the concerned authorities. The structure value and tree value for 110 rubber withheld for want of estimates. On receipt of the same, the proposals sent separately. Hence, the compensation amount worked out below is ordered to be paid to Thiru.Sundar Raj, S/o.Anantha Padmanabhan.
Thiru.Sundar Raj-R.S.No.830/5
| 1. | Nature of land | Dry | |
|---|---|---|---|
| 2. | Area in square meter | 2390 | |
| 3. | Average of 50% of the total sale deeds of the highest sale price for the three years preceding date of publication 3A |
618.33 | |
| 4. | Market value specified in the Indian Stamp Act 1989 (GLR) |
220 | |
| 5. | Rate adopted by CALA/sq.meter | 618.33 | |
| 6. | Market value of land | 1477808.7 | |
| 7. | Value of land | 1477808.7 | |
| 8. | Structure value (tomb) | 83137.5 | |
| 9. | Salvage @ 6% | 4988.25 | |
| 10. | Salvage @ 4% | ||
| 11. | Net structure value | 78149.25 | |
| 12. | Trees value (Anjili – 35, Jack – 3, Rubber – 110, Palm – 3, Kattumaram – 1, veppu – 1, nelli – 1. |
116643 | |
| 13. | Total value of land + structure | 1672600.95 | |
| https://hcservices. | + tree ecourts.gov.in/hcservices/ |
||
| 14. | Solatium @ 100% u/s 30(1) | 1672600.95 |
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| 15. | Additional compensation @ 12% as allowed in Section 30(3) |
||
|---|---|---|---|
| Land value as in col.6 1477808.7 X 12 X 1928/100 X 365 |
936728.28 | ||
| Structure value 78149.25 X 12 X 228/100 X 365 |
5857.98 | ||
| Tree value 116643 X 12 X 682/100 X 365 |
26153.60 | ||
| 16. | Total additional compensation | 968739.86 | |
| 17. | Total compensation (13+14+16) | 4313941.76 | |
| 18. | Rounded to rupee | 4313942.00 |
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a copy of this order.
/True Copy/
Sub Assistant Registrar (CS-IV)
To
PS
TE/BK/SAR-4 : 07/12/2018 : 5P/11C
W.P(MD)No.18487 of 2018 13.11.2018
3 issues framed by the court
Whether the petitioner is entitled to a direction from the High Court to measure the remaining portion of non-acquired land and fix boundary stones.
Whether the concerned Land Acquisition Authority has failed to consider the petitioner's representation dated 24.05.2018 regarding demarcation of boundary.
Whether a writ of Mandamus can be issued to direct the authorities to demarcate the boundary of the non-acquired land within a specific period.
1 provisions across 1 enactments
A. Sundaraj
The District Collector, Kanyakumari District
The Competent Authority and District Revenue Officer, Land Acquisition National Highways
The Project Director cum DGM (Tech)
The Union of India, Rep. by its Secretary, Ministry of Road Transport and Highways
The Tahsildar, Kalkulam Taluk
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
