The petitioner sought direction for release of land acquisition compensation and restoration of patta. The High Court dismissed the writ petition holding that since the title to the acquired property was sub-judice in a separate civil suit, the claim for compensation could not be decided at that stage.
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W.P.No.11185 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.11.2024
CORAM:
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.No.11185 of 2023
P.Jayaraman @ Pulipaadu Jayaraman
... Petitioner
Vs.
... Respondents
1/7
PRAYER:
W.P.No.11185 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the order of 4th respondent dated 15.02.2023 in Na.Ka.No.33/2023/NH-205, quash the same and consequentially directing to respondents 1 to 4 to grant compensation amount to petitioner as per award No.56/2013 RC 14/2010/UNIT-II, dated 14.06.2013 a sum of Rs.6,73,164/-(Six Lakhs Seventy Three Thousand One Hundred Sixty Four Only) and patta No.989, Survey No.153/5B-600 sqmts, 153/13B-66 sqmt, 153/14B-638 sqmts, No.42, Gulur Village, Tiruttani Taluk, Thiruvallur District.
For Petitioner : Mr.C.Venkatesan
For Respondents 1,2 & 4 : Mr.A.Selvendran, Additional Government Pleader
For 3rd Respondent : Mrs.S.R.Sumathy
For Respondents 5 & 7 : Served – No Appearance
For 6th Respondent : Not ready in notice
ORDER
The Writ Petition has been filed to quash the order passed by the 4th respondent dated 15.02.2023 in Na.Ka.No.33/2023/NH-205 and to direct the respondents 1 to 4 to grant compensation amount to petitioner
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as per award No.56/2013 RC 14/2010/UNIT-II, dated 14.06.2013 a sum of Rs.6,73,164/-(Six Lakhs Seventy Three Thousand One Hundred Sixty Four Only) and patta No.989, Survey No.153/5B-600 sqmts, 153/13B-66 sqmt, 153/14B-638 sqmts, No.42, Gulur Village, Tiruttani Taluk, Thiruvallur District.
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a Wil dated 06.06.2007 bequething lands measuring 0.72.0 ares in Survey No.153/5, 0.05 ares in Survey No.153/13 and 0.34.5 cents in Survey No.153/14 . He would submit that his brother Jagadeesan had cancelled the patta which the petitioner had obtained before the Tahildar, Tiruttani. The petitioner had therefore preferred an appeal before the Revenue Divisional Officer who passed an order that the Tahsildar had no power to cancel the patta and the patta was directed to be restored to the earlier position. Aggrieved by this, the petitioner has filed a revision before the District Revenue Officer who confirmed the order of the Revenue Divisional Officer. Meanwhile, Duraiswamy and Jagadeesan had passed away and during his lifetime, Jagadeesan had executed a settlement deed in favour of the 5th respondent. The respondents 1 to 4 had acquired the lands. However, though in the initial proceedings, the petitioner was shown as the owner of the property, ultimately compensation was given to respondents 5 to 7. The impugned order was passed directing payment to respondents 5 to 7.
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the property had been sold by Pulippadu Duraisamy Naidu in the year 2001 and 2007 by the 7th respondent who had become the absolute owner of the properties that had been acquired and that a suit is now pending.
the petitioner's request for disbursing the compensation on the basis of the Award No.56 of 2023 cannot be countenanced at this stage.
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Therefore, the Writ Petition is dismissed. There shall be no order as to costs.
05.11.2024
srn
To
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P.T.ASHA, J.,
srn
W.P.No.11185 of 2023
05.11.2024
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1 issue framed by the court
Whether compensation for acquired land should be disbursed to the petitioner when the title to the property is still sub-judice in a civil suit.
1 provisions across 1 enactments
P.Jayaraman @ Pulipaadu Jayaraman
The Arbitrator & District Collector, Thiruvallur
The Special District Revenue Officer, NH-205
The Project Director, National Highways Authority of India
The Special Thasildar (Land Acquisition), National Highways – 205
Retta
P.T.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
