Before the Madurai Bench of Madras High Court
Dated : 08/03/2006
Coram:
The Hon'ble Mr.Justice P.Jyothimani
Writ Petition No.1757 of 2006
N.Chinna Meera ... Petitioner
vs.
1. The Collector,
Madurai District
Madurai.
2. The Revenue Divisional Officer,
Madurai-625 020. ... Respondents
Writ Petition under Article 226 of Constitution of India praying to issue
a Writ of Mandamus directing the Respondents 1 and 2 herein to pay the enhanced
compensation to the petitioner herein as fixed by the learned Subordinate Court,
Madurai, by its award dated 22.11.1993 in L.A.O.P.No.232 of 1989, as claimed by
the petitioner in his representation dated 30.11.2005.
!For Petitioner ... Mr.V.Ramajagadeesan
^For Respondents ... Mr.K.V.Vijayakumar
Spl. Government Pleader.
:ORDER
This Writ Petition is filed for a direction against the first and second
respondents to pay enhanced compensation to the petitioner herein as fixed by
the learned Subordinate Judge, Madurai by his award dated 22.11.1993 in
L.A.O.P.No.232 of 1989, as claimed by the petitioner in his representation dated
30.11.2005.
2. It is seen that in respect of the lands situated in the same survey number,
the learned Subordinate Judge, Madurai, by his order dated 22.11.1993, has
passed enhanced compensation under Section 18 of the Land Acquisition Act,
relating to some other owners. However, in respect of the lands belonging to the
petitioner, which is also situated in the same survey number, the Respondents
neither referring the matter under Section 18 of the Land Acquisition Act, nor
paying the enhanced amount, as it was fixed in respect of same survey numbers by
the learned Subordinate Judge. In such circumstances, the petitioner made a
representation on 30.11.2005 narrating the entire facts of the earlier order of
the Court.
3. I have heard the learned counsel for the Petitioner and the learned
Special Government Pleader.
4. The learned Special Government Pleader produces a letter of the Revenue
Divisional Officer, dated 20.1.2006, addressed to the Managing Director, Pondian
Roadways Corporation, who has now become Tamil Nadu State Transport Corporation,
under which there is a direction to issue a cheque in the name of the petitioner
for Rs.49,205/- being the enhanced compensation, payable as per Section 28A (i)
of the Land Acquisition Act.
5. Recording the same, there will be a direction against the Respondents 1
and 2 to pay the said amount to the petitioner as directed by the Revenue
Divisional Officer, within a period of four weeks from the date of receipt of
copy of this order.
6. It is made clear that the said payment shall be subject to the further
right of the petitioner to move the Court under Section 18 of the Land
Acquisition Act, claiming enhanced compensation on reference, which have been
made by the Respondents, if he is aggrieved.
Writ Petition is disposed of accordingly. No costs.
gr.
To
1. The Collector,
Madurai District
Madurai.
2. The Revenue Divisional Officer,
Madurai-625 020.
3. The Subordinate Judge, Madurai.