Madras High Court
M.Veerasamy vs Union Of India on 4 April, 2017
Author: M.M.Sundresh
Bench: M.M.Sundresh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2017
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
WRIT PETITION No. 7121 of 2017
and W.M.P.No. 7720 of 2017
M.Veerasamy ...Petitioners
Vs.
1. Union of India,
Union Territory of Puducherry,
Rep by its Secretary,
Revenue Department,
Chief Secretariat Buildings,
Puducherry.
2. The Revenue Officer cum
Land Acquisition Officer,
Central University Land Acquisition Wing,
Puducherry ...Respondents
Prayer: This writ petition is filed under Article 226 of the Constitution of India, to issue a writ or order or direction in the nature of a writ of mandamus directing the respondents to consider and pass appropriate orders on his representation dated 20.01.2017 with regard to the payment of interest on the compensation amount payable to him by the respondents in the Land Acquisition Proceedings in L.A.O.P.No. 05 of 2005 dated 19.01.2016 on the file of the Learned II Additional District Judge's Court at Puducherry.
For Petitioner : Mr.S.Subramanian
For Respondent : No appearance
.. ... .. ...
O R D E R
This Writ Petition has been filed for a direction to the respondents to consider and pass appropriate orders on the representation of the petitioner dated 20.01.2017 with regard to the payment of interest on the compensation amount payable to him by the respondents in the Land Acquisition Proceedings in L.A.O.P.No. 05 of 2005 dated 19.01.2016 on the file of the Learned II Additional District Judge's Court at Puducherry.
2. Heard the learned counsel for the petitioner.
3. The petitioner whose land was acquired and compensation was paid and received by him, made a representation on 20.01.2017 inter-alia alleging that he is entitled for interest on enhanced compensation. It appears that in pursuant to the orders passed by this Court and as well as by the Execution Court compensation has been paid in favour of the petitioner. Now the grievance of the petitioner is that the interest on enhanced compensation has not been paid.
4. This Court is afraid that the said issue cannot be adjudicated in this writ petition, though the ambigous prayer is sought for. Both the petitioner and the respondents are parties before the jurisdictional court. Now this claim is based upon the award passed. Therefore, the remedy open to the petitioner is only to approach the jurisdictional Court and not seeking relief by way of a writ of mandamus to the respondents.
5.In view of the same, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.
4.04.2017 arr/maya M.M.SUNDRESH, J.
arr/maya Index:Yes/No Internet:Yes/No Speaking order/Non-speaking order To
1. Union of India, Union Territory of Puducherry, Rep by its Secretary, Revenue Department, Chief Secretariat Buildings, Puducherry.
2. The Revenue Officer cum Land Acquisition Officer, Central University Land Acquisition Wing, Puducherry W.P.No. 7121 of 2017 and W.M.P.No. 7720 of 2017 04.04.2017 http://www.judis.nic.in