Madras High Court
K. Chandran vs The District Collector on 30 August, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.22584 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.22584 of 2022
K. Chandran ...Petitioner
Vs.
1.The District Collector
Krishnagiri.
2. The Special District Revenue officer( land Acquisition)
SIPCOT Phase III & IV and Guruparapalli,
SIPCOT Industrial Center, Krishnagiri.
3. The Special Tahsildar ( Land Acquisition)
SIPCOT Phase IV, Unit 4, block No.7
Soolagiri Post, Krishnagiri District.
4. Muniraj, s/o Chennappa
5. Santhamma, w/o Muniraj
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a
Writ of Mandamus forbearing the Respondents Nos. 2 and 3, from disbursing
the Land-acquisition compensation amount to the respondents 4 and 5,
inrespect of the lands acquired in Survey Nos. 60/2B of No.139
Maruthandapalli Village, measuring about 0.44 acres, Soolagiri Taluk,
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W.P.No.22584 of 2022
Krishnagiri District, in pursuant to Form A ( Rule 3) issued vide
Na.Ka.25415/2016/B2 dated 15.10.2016 on the file of the first respondent,
without providing an opportunity of hearing and production of title documents
to the writ petitioner.
For Petitioner : Mr. R. Selvakumar
For Respondent : Mr.P. Sathish
Additional Government Pleader
ORDER
The petitioner has filed this writ petition seeking for issuance of Writ of Mandamus forbearing the Respondents Nos. 2 and 3, from disbursing the Land-acquisition compensation amount to the respondents 4 and 5, inrespect of the lands acquired in Survey Nos. 60/2B of No.139 Maruthandapalli Village, measuring about 0.44 acres, Soolagiri Taluk, Krishnagiri District, in pursuant to Form A ( Rule 3) issued vide Na.Ka.25415/2016/B2 dated 15.10.2016 on the file of the first respondent, without providing an opportunity of hearing and production of title documents to the writ petitioner.
2. The learned Special Government Pleader takes notice for the official 2/7 https://www.mhc.tn.gov.in/judis W.P.No.22584 of 2022 respondents. In view of the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. Since, no adverse order is being passed as against the private respondents, notice to the private respondents are dispensed with.
4. The case of the petitioner is that the petitioner has right over the above mentioned property and there was some dispute with regard to the title in the said property. While so, the first respondent on 11.10.2016 has issued a notification under Section 3 (2) of the Land Acquisition Act to acquire the said land. While that being the case the third respondent without verifying the ownership from the Sub Registrar's Office proceeded to the private negotiation with the respondents 4 and 5 which is illegal as they have no right over the subject property. Hence, this writ petition is filed with the aforesaid prayer.
5. The learned counsel for the petitioner submitted that the petitioner has also caused notice to the respondents 1 to 3 on 01.07.2002 regarding the 3/7 https://www.mhc.tn.gov.in/judis W.P.No.22584 of 2022 said issue but they have refused to receive the notice. Hence, he prays this Court to issue a direction to the first respondent to provide an opportunity of hearing before deciding the title regarding the land in question and disbursing the land acquisition compensation amount.
6. Considering the limited request made by the petitioner, this court is inclined to direct the first respondent to provide an opportunity of hearing to the petitioner before deciding the title with regard to the said land and disbursing the land acquisition compensation and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of. No costs.
30.08.2022
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Speaking Order : Yes/ No
Index : Yes/ No
smn
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W.P.No.22584 of 2022
To
1.The District Collector
Krishnagiri.
2. The Special District Revenue officer( land Acquisition) SIPCOT Phase III & IV and Guruparapalli, SIPCOT Industrial Center, Krishnagiri.
3. The Special Tahsildar ( Land Acquisition) SIPCOT Phase IV, Unit 4, block No.7 Soolagiri Post, Krishnagiri District.
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