Madras High Court
S.Satheeswaran vs The District Revenue Officer on 5 April, 2016
Author: B.Rajendran
Bench: B.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2016
CORAM
THE HONOURABLE MR.JUSTICE B.RAJENDRAN
Writ Petition(MD)Nos.6618 of 2016 to 6620 and 6632 to 6642 of 2016
and
W.M.P(MD)Nos.5725 to 5730 and 5736 to 5757 of 2016
Writ Petition(MD)No.6618 of 2016
S.Satheeswaran
... Petitioner
Vs.
1.The District Revenue Officer,
(Full Additional Incharge) and
Land Acquisition Officer,
Acquisition of Land for Industrial Purpose for
Establishment of Tamil Nadu Newsprint
and Papers Limited,
Manapparai Taluk,
Trichy District.
2.The Special Tahsildar,
(Land Acquisition)
Acquisition of Land for Industrial Purpose for
Establishment of Tamil Nadu Newsprint
and Papers Limited,
Manapparai Taluk,
Trichy District.
... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, for
issuance of a Writ of Certiorarified Mandamus to call for the records in
pursuant to the order passed by the 1st respondent vide in
Na.Ka.C1/13136/2013 dated 14.08.2014 and consequential order passed by the
2nd respondent vide in Na.Ka.115/2014/TNPL(LA)/ Mondipatty dated 12.10.2015
and quash the same as illegal and to direct the respondent to disburse the
interim compensation and consequential benefits to the petitioner in respect
of the petitioner's land.
!For Petitioner : Mr.K.Balasubramani
^For Respondents : Mr. J.Gunaseelanmuthiah G.A.,
:COMMON ORDER
The only ground raised by the respective petitioner is that the authority without taking into consideration that the suit relates to the some other properties and only the portion of the property, the petitioner has failed to pay the money instead, they are seeking for depositing the amount. Even such deposit, till date, it has not been done, inspite of the order being passed on 12.10.2015. The factory itself has started functioning. Therefore, they would only seek that the impugned order has to be set aside.
2. The learned Government Advocate appearing for the respondents would point out that in the impugned order, it has been very clearly stated that there is a discrepancy in respect of the area the S.No.2/1,2 though it contains only 17.31 Acres the claim is 19.19 + acre there is a difference of 1.88 + acres. Further, there is already a civil suit is pending in O.S.No.49 of 2014 as between the parties for partition. Therefore, rightly the authority has decided not to pay directly but deposit the amount. Therefore, the contention raised by the Government and the order passed by the authority is well within the limits. When there is a discrepancy in respect of the total extent of the land, there is a dispute between the parties, which has culminated in the civil suit, it is always better to deposit the amount. Ultimately the amount will be disbursed in accordance with law as per the civil Court decree or finding out the total extent. In the meanwhile, the decision to deposit is correct. Therefore, I do not find any reason to interfere with the reasoned order passed by the authority. At the same time, as rightly pointed out by the learned counsel for the petitioners that the lands have been taken earlier and as per the communication itself they are ready to deposit the amount, but it is stated that till date, they have not deposited. Therefore, the authority will deposit the interim amount as stated by them in their own order dated 12.10.2015 and 14.08.2015, within a period of two months from the date of receipt of a copy of this order.
With the above direction, these writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
To
1.The District Revenue Officer, (Full Additional Incharge) and Land Acquisition Officer, Acquisition of Land for Industrial Purpose for Establishment of Tamil Nadu Newsprint and Papers Limited, Manapparai Taluk, Trichy District.
2.The Special Tahsildar, (Land Acquisition) Acquisition of Land for Industrial Purpose for Establishment of Tamil Nadu Newsprint and Papers Limited, Manapparai Taluk, Trichy District..