The High Court directed the petitioner to produce a land ownership certificate within four weeks. Upon receipt, the second respondent must disburse compensation within eight weeks.
Direction to produce ownership certificate; direction to disburse compensation within 8 weeks thereafter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)No.18545 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA
W.P.(MD)No.18545 of 2019 and W.M.P.(MD)No.13804 of 2021
S.Thangarasu
...Petitioner
/Vs./
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to settle the full compensation amount to the petitioner and his wife namely T.Saraswathi, Immediately as and when their lands in survey No. 1065, 1066, 1069, 1053 and 1064 situated in Kuppam Village, Krushermedu, Pugalur Taluk, Karur District have been acquired by considering their representation dated 20.07.2019.
1/6
W.P.(MD)No.18545 of 2019
For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.M.Muthumanikkam (R1) Government Advocate Mr.Suresh (R2) for Iyer & Dolia
ORDER
This writ petition has been filed seeking for a direction to the respondents to settle the full compensation amount to the petitioner and his wife namely T.Saraswathi, for their lands in survey No. 1065, 1066, 1069, 1053 and 1064 situated in Kuppam Village, Krushermedu, Pugalur Taluk, Karur District which were acquired, by considering their representation dated 20.07.2019.
2. Heard the learned counsel on either side and perused the
materials placed before this Court.
3. The first respondent issued a notification for acquisition of lands for the project namely, Pugalur HVDC Station – Thiruvalam 400 KV (Quart) D/C line and erect electrical tower and electrical lane
2/6
W.P.(MD)No.18545 of 2019
including the petitioner's land. The petitioner therefore sent a representation to the respondents objecting the same on the ground that the lands were the only source of the petitioner's livelihood. The petitioner's representation was rejected by the first respondent on 18.07.2019. The petitioner, on coming to know that the compensation amount was not settled for the acquired lands, filed the above writ petition for the aforesaid relief.
4. The learned counsel appearing for the second respondent on instructions submits that for the lands in S.Nos.1069/1 and 1064/1, the compensation amount was paid to the petitioner's wife, Saraswathi and as far as the lands in S.Nos.1053/B, 1065/2, 1066/2 are concerned, as the petitioner did not produce the land ownership certificate from the Tahsildar, Pugalur, the proceedings for determination of the compensation amount were not processed. The learned counsel therefore, submitted that if the petitioner produces the legal ownership certificate from the Tahsildar, Pugalur, the petitioner's representation seeking for compensation would be considered and the compensation paid in accordance with law.
3/6
W.P.(MD)No.18545 of 2019
5. The learned counsel appearing for the petitioner submits that the petitioner is ready to produce the legal ownership certificate of the Tahsildhar, Pugalur and a reasonable time may be given to produce the same before the second respondent.
6. In view of the submission made by the respective counsels, a direction is issued to the petitioner to produce the legal ownership certificate from the Tahsildar, Pugalur in respect of the aforesaid lands in S.Nos.1053/B, 1065/2, 1066/2, to the second respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt of the said certificate, the second respondent shall disburse the compensation amount to the petitioner within a period of eight weeks thereafter.
7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected MP is closed.
13.12.2024
Index : Yes / No NCC : Yes / No Sm
4/6
W.P.(MD)No.18545 of 2019
TO:
5/6
W.P.(MD)No.18545 of 2019
N.MALA, J.
Sm
Order made in W.P.(MD)No.18545 of 2019
Dated: 13.12.2024
1 issue framed by the court
Whether the petitioner must produce legal ownership certificate before compensation proceedings can continue.
S.Thangarasu
The District Collector, Karur District
The Chief Manager, Power Grid of Corporation of India Limited
N.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
