This single-judge bench dismissed a writ petition challenging land acquisition proceedings. The Court observed that revenue records and prior civil judgments established another person as the owner, who had already received compensation. Consequently, no further adjudication was deemed necessary. The writ petition was barred as a result.
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W.P.No.348 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.348 of 2022 and
W.M.P.Nos.390 & 391 of 2022
Dharmalingam
... Petitioner
Vs.
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W.P.No.348 of 2022
Land Acquisition, Mecheri Taluk, Salem District, Salem.
Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari, calling for the records in G.O.Ms.No.536 dated 23.12.2020 Part VI Sec. 1 on the file of the 3rd respondent with respect to serial No. 165, Survey No. S.No. 453/6B situated at Parakkallur, Panapuram Post, Mecheri Village, Mettur Taluk, Salem District and quash the same.
For Petitioner : Mr.R.Dilli Kumar For Respondents : (for R1 to R6 & R8) : Mr.S.Ravichandran, AGP (for R7) : Mr.N.Srinivasan
O R D E R
The relief sought in the present writ petition is to call for the records in G.O.Ms.No.536 dated 23.12.2020 Part VI Sec. 1 on the file of the 3rd respondent with respect to serial No. 165, Survey No. S.No. 453/6B situated at Parakkallur, Panapuram Post, Mecheri Village, Mettur Taluk, Salem District and quash the same.
2.The petitioner is questioning the land acquisition proceedings and claiming compensation on the ground that he is the absolute owner of the property which was acquired by the Government. The learned Additional
W.P.No.348 of 2022
Government Pleader, appearing on behalf of the respondents, brought to the notice of this Court that as per the revenue records, the 7th respondent
was found to be the owner of the property and the land acquisition proceedings were concluded. The compensation had also been settled in favour of the land owners. The right of the 7th respondent was crystallised in a civil proceeding in A.S.No.2 of 2005 dated 15.07.2007 and S.A.No.1567 of 2018 dated 23.03.2021 since the SLP filed against the order passed in the Second Appeal was also dismissed. Thus the right of the 7th respondent was crystallised and the 7th respondent had already received the compensation as determined by the competent authorities.
3.This being the factum, no further adjudication needs to be undertaken in respect of the grounds raised in the writ petition. Accordingly, the writ petition stands dismissed . No costs. Consequently, connected miscellaneous petitions are closed.
(sha) 13.06.2023 Index : Yes (2/2) Speaking Order Neutral Citation : Yes
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W.P.No.348 of 2022
S.M.SUBRAMANIAM. J.,
(sha)
To
W.P.No.348 of 2022
13.06.2023 (2/2)
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3 issues framed by the court
Whether the High Court should intervene in the land acquisition proceedings and award compensation to the petitioner, who claims he is the absolute owner of the surveyed land.
Whether the petitioner has a right to further adjudication regarding the land acquisition when the revenue records and prior civil proceedings establish another person as the owner.
Whether the writ petition invoking Article 226 of the Constitution of India should be dismissed given that the respondent's right was already crystallised in civil proceedings and compensation was set
Dharmalingam
The Secretary to Government, Highways and Minor Ports Department
The Director General, Highways Department
The Commissioner of Land Administration
The Executive Engineer, Salem District State Highways
The District Collector, Salem District
S.M.SUBRAMANIAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
