Disposed

The Chatelier Trust v. the Project Director

Madras HC8 Nov 2023WP(MD)/6621/2021

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court disposed of a writ petition filed for compensation for land acquisition. Upon verification of a mutual settlement agreement between the petitioner and the fourth respondent to share the compensation 50:50, the court recorded the compromise and directed the lower court to facilitate the disbursement.

What did the court decide?

Recording of the compromise affidavit and direction to the IV Additional District Court, Madurai to permit the withdrawal of 50% compensation share for the petitioner and the fourth respondent from th

The Chatelier Trust Vs the Project Director — Land Acquisition | Madras HC (2023)

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W.P.(MD)No.6621 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.11.2023

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C O R A M

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.(MD)No.6621 of 2021 and W.M.P.(MD)No.5127 of 2021

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The Chatelier Trust, Rep by its Managing Trustee, Michael Chatelier at Michael Paul Chatelier, Having Office at Teachers Home, 2, New Natham Road, Madurai - 625 002. ... Petitioner

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-vs-

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1.The Project Director, National Highway Commission, Suriya Towers, 2^nd Floor, K.K.Nagar, Madurai

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2.The Authorized Officer-cumDistrict Revenue Officer (Land Acquisition), National Highways No. 785, Madurai-Natham, Madurai.

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3.The Special Thasildar (Land Acquisition) (Incharge), National Highways No. 744A, Unit-VI, Tirumangalam-Cum-Madurai-Natham, National Highways No.785, Unit-I, Madurai.

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

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W.P.(MD)No.6621 of 2021

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4.The Secretary of Teachers Home, Ramnad, Virudhunagar, Sivagangai District Teacher Welfare Association, No.2, New Natham Road, Chinna Chokkikulam, Madurai - 625 002. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's claim for compensation for acquisition of their building in Old T.S.No.934/3 and New T.S.No.4471/2 Madurai Town, Madurai, based on the petitioner's, representation dated 11.03.2021.

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For Petitioner	:	Mr.AN.Ramanathan
For R1	:	Mr.S.Sankarapandian for M/s.C.Arul Vadivel Associates
For R2 and R3	:	Ms.D.Farjana Ghoushia Special Government Pleader
For R4	:	Mr.T.Lajapathi Roy Senior Counsel for M/s.Lajapathi Roy Associates

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ORDER

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This Writ Petition was filed for a direction to the respondents 1 to 3 to consider the claim made by the petitioner seeking for compensation for acquiring the building, based on the representation made by the petitioner on

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11.03.2021.

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

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W.P.(MD)No.6621 of 2021

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2 . When the matter came up for hearing on 16.10.2023, this Court after

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considering the submissions made by the learned counsel on either side and the materials available on record, suggested that some compromise can be arrived at between the parties for sharing the compensation amount payable for the superstructure. Accordingly, the learned counsel appearing on either side also sought for some time to explore the possibility of compromise.

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3 . When the matter was taken up for hearing today, the learned counsel appearing on either side submitted that there was a compromise between the petitioner and the fourth respondent. The parties were also present before this Court. A joint compromise affidavit was filed before this Court. The relevant portions in the affidavit are extracted hereunder:-

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''2. It is humbly submitted that pending writ petition, there was negotiation between both parties and the following settlement were arrived:-

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i) A sum of Rs.72,05,332/- (Rupees Seventy Two Lakhs Five Thousand Three Hundred and Thirty Two Only) was fixed as compensation for the building by the 2^nd respondent vide proceedings in Na.Ka.No.53/2019/A2 dated 21.10.2020. Due to the pendency of the above writ petition, the same was referred to adjudication before IV Additional District Court, Madurai, and taken on file in

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

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W.P.(MD)No.6621 of 2021

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L.A.O.P.No.137 of 2021. The above mentioned compensation amount was deposited before the concerned Court. As on date, summons were issued in L.A.O.P.No. 137 of 2021 and the same is pending.

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ii) The writ petitioner and the 4^th respondent association will share the above mentioned compensation amount with accrued interest on 50:50 ratio.

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It is therefore, humbly prayed that this Hon'ble Court may be pleased to record the above terms and issue suitable directions to the learned IV Additional District Court, Madurai, for early disbursement of compensation amount in 50:50 ratio to the writ petitioner and the 4^th respondent in L.A.O.P.No.137 of 2021 and thus render justice.''

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4 . This Writ Petition is disposed of in terms of the compromise arrived

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at between the petitioner and the fourth respondent and the joint compromise affidavit shall form part of this order. In view of this compromise, it is left open to the petitioner and the fourth respondent to file an application before the IV Additional District Court, Madurai, where the compensation amount has already been deposited in L.A.O.P.No.137 of 2021. The said application shall be entertained by the Court and the petitioner and the fourth respondent

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

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W.P.(MD)No.6621 of 2021

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shall be permitted to withdraw 50% each from the compensation amount with accrued interest, if any. The learned IV Additional District Judge, Madurai, shall pass appropriate orders in the application, within a period of four weeks from the date of filing of the application. No costs. Consequently, connected Miscellaneous Petition is closed.

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NCC : Yes/No Index : Yes/No smn2 Copy to:

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08.11.2023

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The IV Additional District Judge, Madurai.

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1.The Project Director, National Highway Commission, Suriya Towers, 2^nd Floor, K.K.Nagar, Madurai

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2.The Authorized Officer-cumDistrict Revenue Officer (Land Acquisition), National Highways No. 785, Madurai-Natham, Madurai.

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3.The Special Thasildar (Land Acquisition) (Incharge), National Highways No. 744A, Unit-VI, Tirumangalam-Cum-Madurai-Natham, National Highways No.785, Unit-I, Madurai.

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

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W.P.(MD)No.6621 of 2021

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N.ANAND VENKATESH, J.

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smn2

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W.P.(MD)No.6621 of 2021 and W.M.P.(MD)No.5127 of 2021

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08.11.2023

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

The Chatelier Trust v. the Project Director

Case brief

What is this about?

What did the court decide?

The Chatelier Trust v. the Project Director

Case brief

What is this about?

What did the court decide?

What the court decided

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