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1978 Supreme(Mad) 38

MOHAN
S. Duraiswami Nadar – Appellant
Versus
Additional Special Deputy Collector (Land Acquisition) Railways, Nagarcoil – Respondent


Advocates:
S. Chellasami, for Petitioner; N.R. Chandran for Govt. Pleader and T.R. Mani, for Respondents.

Judgement

ORDER :- The following lands were acquired under the provisions of the Land Acquisition Act, 1894

These lands belonged to Tiruchendur Sub-ramaniaswami Koil. Sukharavara Kattalai Trust, represented by Managing Trustee (Doraisami Nadar) the petitioner herein. The acquisition was for railways. An award was passed on 26-4-1976 and the compensation fixed in the award was Rs. 13664-80. The Additional Special Deputy Collector, Land Acquisition (Railways) Nagarcoil passed an order to the effect that since there was a dispute relating to the ownership of the property, the matter should be referred to Civil Court under S. 30 of the Land Acquisition Act, hereinafter referred to as the Act. It is this award which is sought to be quashed in this writ petition by way of certiorari.

2. Mr. S. Challaswami, learned counsel appearing for the petitioner, submits as under :- S.30 of the Act contemplates a reference to a Civil Court only in the event of there being a dispute as to the apportionment of the amount or as to the entitlement to payment to the various persons. In the instant case, there were number of proceedings by which the title of the petitioner had come to be established. As a ma


























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