Disposed

A. Anandhan, v. The District Collector

Madras HC24 Sept 2020WP/25549/2015

Case brief

AI extract

What is this about?

The petitioner sought directions to pay land acquisition compensation. The Court held that due to a rival claim in a pending civil suit, the respondents must deposit the award amount before the Civil Court, and the writ petition was disposed of without costs.

What did the court decide?

The Writ Petition is disposed of. The respondents must deposit the compensation amount before the Civil Court. No costs.

A. Anandhan, Vs The District Collector — Land Acquisition | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24.09.2020

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CORAM :

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The HON'BLE MR.JUSTICE M.DURAISWAMY

W.P.No.25549 of 2015

G.Anandhan

... Petitioner

1.The District Collector, Thiruvallur District, Thiruvallur.

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The Special District Revenue Officer (L.A.), National Highways, Thiruvallur District. 3. Malliga ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents 1 and 2 to pay compensation for acquiring the petitioner land in S.No.160/15B, Panapakkam village,Thiruthani Taluk, Thiruvallur District to an extent of 1350 sq.meter.

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For Petitioner : Mr. R. Jayaprakash For Respondents: Mr. M. Elumalai Addl. Govt. Pleader – for R1 & R2 Mr. S. Udaya Kumar– for R3. O R D E R

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The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents 1 and 2 to pay compensation for acquiring the petitioner's land in S.No.160/15B, Panapakkam Village, Thiruthani Taluk, Thiruvallur District to an extent of 1350 sq.meter.

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It is not in dispute that an extent of 1350 sq. meter in S.No.160/15B was acquired by the 2^nd respondent and an award was also passed in Award No.13. After the passing of the award, the 3^rd respondent raised an objection that she is also entitled for compensation and the 3^rd respondent had also filed a Civil Suit in O.S.No.57 of 2002 on the file of the District Munsif Court, Thiruthani, seeking for declaration and for permanent injunction.

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https://hcservices.ecourts.gov.in/hcservices/

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According to the learned counsel for the 3^rd respondent, the suit is still pending.

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Mr. M. Elumalai, learned Additional Government Pleader , appearing for the respondents 1 and 2, submitted that since there is a rival claim made by the 3^rd respondent, the respondents 1 and 2 would deposit the compensation amount before the Civil Court shortly under section 3H(4) of the National Highways Act.

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Since there are rival claims in respect of the
compensation awarded by the respondents 1 and 2, the remedy open
to them is to sort out the issue before the competent Civil
Court. In such view of the matter, on deposit of the award
amount, the petitioner and the 3 rd respondent may initiate
appropriate proceedings before the Civil Court to establish
their right in respect of the compensation amount to be
deposited by the respondents 1 and 2.
With these observations, the Writ Petition is disposed of.
No costs.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
Rj
To
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2. The Special District Revenue Officer (L.A.),
National Highways,
Thiruvallur District.
+1 CC to Mr.R. Jayaprakash, Advocate sr 31260.

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W.P.No.25549 of 2015

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MG(CO) SP(19/10/2020)

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https://hcservices.ecourts.gov.in/hcservices/

A. Anandhan, v. The District Collector

Case brief

What is this about?

What did the court decide?

A. Anandhan, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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