BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA WP.(MD)No.21580 of 2024 V.Premanand ... Petitioner Vs.

1.The District Collector, Thanjavur District.

2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

3.The Executive Engineer, Public Works Department, W.R.O., Thanjavur.

4.The Deputy Director, Agriculture Department, Thanjauvr. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, to direct the respondents to fix compensation for the entire coconut trees planted in the petitioner land comprised in Survey No.214/2 having an extent of 35 Ares, S.No.214/3, having an extent of 13.5 ares and S.No.214/5 having an extent of 55 ares, at Thittacheri Village, Thiruvidaimaruthur Taluk, Thanjavur District in terms of Section 28 of the Central Act 30 of 2013 in terms of the recommendation made by the fourth respondent.

For Petitioner : Mr.R.Murali For Respondent : Mr.D.S.Neduchezhian, Government Advocate.

ORDER

The writ petitioner seeks Mandamus to the respondents to fix compensation in respect of the coconut trees in the petitioner’s land comprised in Survey No.214/2 measuring an extent of 35 Ares, S.No. 214/3, measuring an extent of 13.5 ares and S.No.214/5 measuring an extent of 55 ares, at Thittacheri Village, Thiruvidaimaruthur Taluk, Thanjavur District in terms of Section 28 of Central Act 30 of 2013.

2.The learned Government Advocate would state that the compensation has not been fixed as yet. That apart, the petitioner had originally filed WP.(MD)No.8994 of 2024 and by an order dated 12.04.2024, the respondents 1 and 2 were directed to take an inventory of the coconut plants and videograph the entire land to avoid any factual dispute.

3.The petitioner would submit that there are 2332 coconut trees available on site in his letter to the second respondent dated 20.05.2024 and the Agriculture Department had recommended Rs.4,000/- per coconut tree. Therefore, the respondents are directed to pay compensation with reference to the coconut trees of which they have taken inventory, pursuant to the orders of this Court in W.P.(MD)No.8994 of 2024 and fix the compensation in terms of Section 28 of the Central Act 30 of 2013 and pass award. Accordingly, this writ petition is allowed.

No costs.

11.09.2024 Index:Yes/No Internet:Yes/No gns To

1.The District Collector, Thanjavur District.

2.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

3.The Executive Engineer, Public Works Department, W.R.O., Thanjavur.

4.The Deputy Director, Agriculture Department, Thanjauvr.

P.T.ASHA,J.

gns

11.09.2024