Janaki vs The Special District Revenue Officer ... on 30 March, 2023

[Cites 1, Cited by 0]

Madras High Court

Janaki vs The Special District Revenue Officer ... on 30 March, 2023

Bench: C.V.Karthikeyan

                                                                          W.P(MD)No.7048 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 30.03.2023

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                           W.P(MD)No.7048 of 2023
                                                    and
                                       W.M.P(MD)Nos.6668 & 6672 of 2023


                     Janaki                                                 ... Petitioner

                                                       Vs.


                     1.The Special District Revenue Officer (LA),
                       (Land Acquisition, Chennai- Kanyakumari Corridor Project),
                       Kumbakonam,
                       Thanjavur District.

                     2.The Special Tahsildar (LA)
                       (Land Acquisition, Chennai- Kanyakumari Corridor Project),
                       Kumbakonam,
                       Thanjavur District.


                     3.M.Uthirapathi                                        ... Respondents


                     PRAYER : Writ Petition is filed under Article 226 of the Constitution of

                     India praying to issue a Writ of Certiorarified Mandamus to call for the


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                                                                            W.P(MD)No.7048 of 2023


                     records of the impugned order passed by the first respondent made in

                     ROC.266/2019A2 (SH-64) dated 09.09.2022 and to quash the same as

                     illegal and directing the first respondent to disburse the award amount of

                     Rs.1,22,357/- along with Bank interest of 2.9% accrued of Rs.5,415/-

                     from 01.03.2021 to 09.09.2022 and further interest upto till date to the

                     petitioner.


                                   For Petitioner    : Mr.S.Kanagarajan

                                   For Respondents : Mr.N.Muthu Vijayan - for R1 & R2
                                                      Additional Government Pleader

                                                    ORDER

The petitioner has a dispute with the third respondent regarding the entitlement of compensation granted for acquisition of lands. By the impugned order the compensation has been deposited in the competent civil Court namely, the Principal District Court, Thanjavur, in L.A.O.P.No.151 of 2022.

2. The petitioner should necessarily file an application in L.A.O.P.No.151 of 2022 to implead herself as a further party in the Land 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.7048 of 2023 Acquisition proceedings and seek her claim to get either compensation in entirety or a share of compensation only before that particular Court.

3. The petitioner may file a necessary application to implead on or before 06.04.2023 and the learned Principal District Judge, may consider it in the manner known to law, including on the ground of maintainability and on the ground of eligibility of the petitioner’s claim.

Till 06.04.2023, if the amount had not been already disbursed by the learned Principal District Judge, let no further orders be passed.

4. With the above direction, the Writ Petition stands disposed of even without issuing notice to the third respondent. No costs. Consequently, connected miscellaneous petitions are closed.





                                                                               30.03.2023
                     Index        :Yes/No
                     Internet     :Yes/No
                     NCC          : Yes / No
                     rm




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https://www.mhc.tn.gov.in/judis W.P(MD)No.7048 of 2023 To

1.The Special District Revenue Officer (LA), (Land Acquisition, Chennai- Kanyakumari Corridor Project), Kumbakonam, Thanjavur District.

2.The Special Tahsildar (LA) (Land Acquisition, Chennai- Kanyakumari Corridor Project), Kumbakonam, Thanjavur District.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.7048 of 2023 C.V.KARTHIKEYAN, J.

rm W.P(MD)No.7048 of 2023 30.03.2023 5/5 https://www.mhc.tn.gov.in/judis

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