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2022 Supreme(Mad) 958
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.Bhavani Subbaroyan, J.
A.M.Rajendran - Appellant
Vs.
The Government of Tamil Nadu, represented by its Principal Secretary, Industrial Department, Fort St.George, Secretariat, Chennai - Respondent
W.P(MD)No.27200 of 2022 and W.M.P(MD)No.21342 of 2022
Decided On : 01-12-2022
Advocate Appeared:
For the Petitioners: Mr.J.Padmavathi Devi
For the Respondent: Mr.A.Kannan, Addl.Govt.Pleader, Mr.M.Gangatharan
The court's decision was based on the principle that when the Land Acquisition Officer has decided to pay compensation to the acquired lands, the petition for a Writ of mandamus directing the conveyance of Government land in exchange cannot be granted.
Headnote:
Writ of mandamus - Land Exchange - Summary: The court dismissed the petition for a Writ of mandamus directing the respondents to convey the Government land in exchange for the land acquired from the Petitioners, as the Land Acquisition Officer had decided to pay compensation to the acquired lands of the Petitioners, and the petitioners were requested to submit their written explanation regarding the consent for receipt of the compensation within a period of fifteen days before the Land Acquisition Office. The court held that the petition cannot be granted and the petitioners should approach the Land Acquisition Officer for receipt of compensation.
Fact of the Case:
The Petitioner sought a Writ of mandamus directing the respondents to convey the Government land in exchange for the land acquired from the Petitioners.
Finding of the Court:
The court dismissed the Writ Petition as the Land Acquisition Officer had decided to pay compensation to the acquired lands of the Petitioners, and the petitioners were requested to submit their written explanation regarding the consent for receipt of the compensation within a period of fifteen days before the Land Acquisition Office.
Issues: The main issue was whether the petition for a Writ of mandamus directing the respondents to convey the Government land in exchange for the land acquired from the Petitioners should be granted.
Ratio Decidendi: The court held that the petition cannot be granted and the petitioners should approach the Land Acquisition Officer for receipt of compensation.
Final Decision: The Writ Petition was dismissed, and the petitioners were advised to approach the Land Acquisition Officer for receipt of compensation.
ORDER :
The Petitioner has prayed for issuance of a Writ of mandamus directing the respondents to convey the Government land in exchange of the land acquired from the Petitioners under S.Nos.12/5 and 64/2 to an extent of 1 acre and 45 cents in Thappukundu and Poomalaikundu Villages, Upparpatti Post, Theni Taluk and District in the light of the Revenue Standing Order Nos.90 and 26A and G.O.Ms.No.201, Revenue and Disaster Management Department, Land Disposal Wing, LD3(1) Section, dated 10.5.2022.
2. Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 to 5 and Mr.M.Gangatharan, learned Standing Counsel takes notice for the sixth respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the respondents 1 to 5 produced a communication of the District Revenue Officer-cum-The Land Acquisition Officer(SIPCOT), Theni, dated 25.08.2022, wherein, it has been stated that the Land Acquisition Officer has decided to the pay compensation to the acquired lands of the Petitioners. Hence the Petitioners are requested to submit their written explanation regarding the consent for receipt of the said compensation within a period of fifteen days before the Land Acquisition Office(SIPCOT), situated in the Office of the District Collector, Theni. It is further stated that if they failed to do so, it is assumed that they have objection for receipt of the compensation and the compensation amount will be deposited into the Court credit.
4. In view of the above, the Petitioner-s prayer in the Writ Petition cannot be granted and hence, the Writ Petition is liable to be dismissed and accordingly, dismissed. It is for the Petitioners to approach the Land Acquisition Officer(SIPCOT),situated at District Collector-s Office, Theni, for receipt of compensation, if so advised, in the manner known to law. No costs. Consequently, connected Miscellaneous Petition is dismissed.
