Disposed

K.Amudhavalli v. the Government of Puducherry Union Territory

Madras HC8 Dec 2023WP/19648/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the court read the petitioners' contention that an appeal suit regarding land acquisition compensation is pending. Consequently, the court permitted the petitioners to pursue their remedy upon the disposal of that pending appeal suit and disposed of the present writ petition accordingly.

What did the court decide?

Petitioners are at liberty to work out remedy after disposal of the pending appeal suit; writ petition disposed of; no order as to costs.

K.Amudhavalli Vs the Government of Puducherry Union Territory — Land Acquisition | Madras HC (2023)

¶1

W.P.No.19648 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 08.12.2023

¶4

CORAM

¶5

THE HON'BLE MR. JUSTICE P.VELMURUGAN

¶6

W.P.No.19648 of 2023 and

¶7

W.M.P.No.18906 of 2023

¶8

K.Amudhavalli

¶9

K.Vijayakumar

¶10

... Petitioners

¶11

Vs.

¶12

The Government of Puducherry Union Territory, Rep. By its Secretary, Revenue Department, Puducherry.

¶13

The Deputy Collector cum Land Acquisition Officer, Karaikkal.

¶14

The Director, Tourism Department,

¶15

Puducherry. ... Respondents

¶16

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to redetermine the compensation u/s 28-A of Land Acquisition Act 1984,

¶17

Page 1 of 5

¶18

https://www.mhc.tn.gov.in/judis

¶19

W.P.No.19648 of 2023

¶20

based on the enhanced rate of compensation awarded by the Reference Court, District Court, Karaikal, vide its order dated 12.12.2019 in L.A.O.P.No.48 of 2017 and pay the so redetermined compensation to the petitioners after deducting the already paid compensation within a time frame.

¶21

[Prayer amended as per order of the court dated 21.11.2023 in W.M.P.No.20975 of 2023]

¶22

For Petitioners : Mr.N.Subramaniyan

¶23

For Respondents : Mr.Ramaswamy Meyyappan Government Advocate Pondicherry

¶24

O R D E R

¶25

This Writ Petition has been filed to issue a Writ of Mandamus

¶26

to direct the respondents to redetermine the compensation u/s 28-A of Land Acquisition Act 1984, based on the enhanced rate of compensation awarded by the Reference Court, District Court, Karaikal, vide its order dated 12.12.2019 in L.A.O.P.No.48 of 2017 and to pay the redetermined compensation to the petitioners after deducting the already paid compensation.

¶27

Page 2 of 5

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.No.19648 of 2023

¶30

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Pondicherry) appearing for the official respondents.

¶31

It is the contention of the learned counsel for the petitioner that already appeal suit is pending. Hence the petitioner is at liberty to work out his remedy after the disposal of the appeal, in the manner known to law.

¶32

4. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. W.M.P.No.18906 of 2023 is ordered on payment of necessary court fees by each of the petitioners.

¶33

08.12.2023

¶34

mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No

¶35

Page 3 of 5

¶36

https://www.mhc.tn.gov.in/judis

¶37

W.P.No.19648 of 2023

¶38

¶39

The Government of Puducherry Union Territory, Rep. By its Secretary, Revenue Department, Puducherry.

¶40

The Deputy Collector cum Land Acquisition Officer, Karaikkal.

¶41

The Director, Tourism Department, Puducherry.

¶42

Page 4 of 5

¶43

https://www.mhc.tn.gov.in/judis

W.P.No.19648 of 2023

P.VELMURUGAN, J.

mfa

W.P.No.19648 of 2023 and W.M.P.No.18906 of 2023

¶48

08.12.2023

¶49

Page 5 of 5

¶50

https://www.mhc.tn.gov.in/judis

K.Amudhavalli v. the Government of Puducherry Union Territory

Case brief

What is this about?

What did the court decide?

K.Amudhavalli v. the Government of Puducherry Union Territory

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Crescent Nursery & Primary Vs the District Collector

M.Arunraj Vs The Commissioner

S.Kanchana Ammal Vs The District Collector

C.Nandakumar Vs Government of Tamil Nadu

R.Radakrishnan Vs The Special Thasildar

P.Vasuki Vs The District Registrar