IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 1.4.2011
CORAM
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
Writ Petition No.6645 of 2011
G.Muthukrishnan. ... Petitioner
vs.
1.Special District Revenue Officer,
(Land Acquisition),
NH 7, 46 & 47,
Krishnagiri.
2.The Special Tahsildar (Land Acquisition),
National Highways 7 & 47,
Salem 636 010. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to conduct an enquiry in respect of the compensation payable to the petitioner in respect of 33 square meters of land in Survey Number 22/1B3, No.28, Narasothipatti Village, Salem Taluk and District.
For Petitioner : Mr.T.S.Vijaya Raghavan
For Respondents : Mr.S.Shivashanmugam,
Government Advocate.
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O R D E R
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to conduct an enquiry in respect of the compensation payable to the petitioner in respect of 33 square meters of land in Survey Number 22/1B3, No.28, Narasothipatti Village, Salem Taluk and District.
2. Mr.S.Shivashanmugam, learned Government Advocate, appears for the respondents.
3. The writ petition has been filed to direct the second respondent to conduct an enquiry with regard to compensation payable to the petitioner in respect of 33 square meters of land as set out above.
4. Mr.S.Shivashanmugam, learned Government Advocate appears for the respondents on instruction produced a copy of Award Proceedings ROC No. /2003(A) dated 20.2.2004 issued by the Competent Authority and Special District Revenue Officer (Land Acquisition). In that Award in respect of the property to which petitioner claims compensation the following order was passed:-
“S.No.42 & 43 Survey No.22/1B3 Extent 0.01.0 of Narasotipatty Village, Salem Taluk.
An extent of 0.01.0 Hectares Dry stands registered in the name of Thiru Gopal, S/o Ramasamy & Tmt.Gandhimathi, W/o Singamani, in Patta No.75 in village account. The land under acquisition has been sub-divided as 100 Sq.mts. It is under the enjoyment of Thiru Gopal, S/o Ramasamy & Tmt.Gandhimathi, W/o Sigamani. They are the title holders. During 3G(3) enquiry, they have stated that it is their ancestral property and claimed compensation. There is a tiled house & a water thotti in the portion of Gopal. No cost was valued for water thotty. There are no wells and trees in the acquisition portion. There are no encumbrance over the land. Hence, the total compensation of Rs.2,54,375/-, after deducting salvage of Rs.3,080/- is ordered to be paid to Gopal for his enjoyment of 74 Sq. mts. as in Sl.No.42 of Annexure I.
Tmt.Gandhimathi, W/o Sigamani, is enjoying 33 Sq.mts. has a water Thotty. No cost was valued for water thotty. The compensation for 33 Sq. mts. worked out to Rs.1,61,766/- is ordered to be paid to Tmt.Gandhimathi as in Sl.No.43 of Annexure I.”
5. It is evident from the Award dated 28.2.2011 as above that one Tmt.Gandhimathi, W/o Sigamani has been in enjoyment of the 33 Square Meters of land and has received compensation of Rs.1,61,766/- for the property in question.
6. In view of the above, the relief sought for by the petitioner cannot be granted as the Award has already been passed. It is open to the petitioner to seek appropriate remedy against the said Tmt.Gandhimathi, if he has got any right, title, interest over the property in accordance with law.
7. The writ petition is disposed of as above. No costs. ts To 1.Special District Revenue Officer, (Land Acquisition), NH 7, 46 & 47, Krishnagiri. 2.The Special Tahsildar (Land Acquisition), National Highways 7 & 47, Salem 636 010