IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE P.B. BALAJI
ULAGANATHA PILLAI AT K.U.NAT – Appellant
Versus
THE COMPETENT AUTHORITY CUM – Respondent
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 10.03.2025 Delivered on : 14.03.2025 CORAM:
THE HONOURABLE MR JUSTICE P.B. BALAJI W.P.(MD)Nos.7827 of 2020 & 5282 of 2023 and W.M.P.(MD)Nos.7305, 7306 of 2020 & 4961 & 4963 of 2023 W.P.(MD)No.7827 of 2020 Ulaganatha Pillai at K.U.Nathan, ... Petitioner /Vs./
1. The Competent Authority Cum District Revenue Officer, (LANH)
NH47 and 47B, Observatory Street, Opp. to PWDs Travelers Bungalow, Nagercoil, Agastheeswaram Taluk, Kanyakumari District.
2. The Special Tahsildar Special District Revenue Officer Office, Land Acquisition For National Highway, Tirunelveli at Nagercoil. 3. The Executive Officer Ozhuginasery Vellalar Samuthaya Aadimoola Vinayagar Trust, Ozhuginasery, Behind of Idartheeertha Perumal Thirukovil, Vadiveeswaram, Nagercoil, Kottar Post, Agastheeswaram Taluk, Kanyakumari District. ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the 1st respondent herein in his proceedings in Na.Ka.J3/2136/2017 dated 17.02.2020 and quash the same as illegal and further direct the respondents 1 and 2 herein to determine and disburse the compensation amount at the ratio of 3/4th to the cultivating tenant and 1/4th to the landlord in respect of land measuring 2000 square meter out of total 50 ares in Resurvey No.37/6 in Therekalputhoor Village Agastheeswaram Taluk, Kanyakumari District, within a time stipulated by this Court.
For Petitioner : Mr.D.Nallathambi For Respondents : Mrs.S.Jeyapriya Government Advocate for R1 & 2 : Mr.H.Arumugam for R3 W.P.(MD)No.5282 of 2023 Idol Arulmigu Adhi Moola Vinayagar, Rep by its Executive Officer, Ozhuginasery, Vadiveeswaram, Nagercoil, Kottar Post, Agastheeswaram Taluk, Kanyakumari. ... Petitioner /Vs./
1. The Special District Revenue Officer, (National Highways - Land Acquisition), Nagercoil.
2. The Project Director National Highway Authority of India, Kattayanvilai, Nagercoil.
3. The Special Tahsildar (Land Acquisition - NH 47), Nagercoil.
4. Ulaganatha Pillai @ K.U.Nathan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 3rd respondent in Ni.A.Thae.Ne.482/2022 dated 21.12.2022 and quash the same and direct the 1st respondent to disburse the entire compensation amount as per the Award No.02/2018 dated 19.02.2018 for acquisition of land in S.No.37/6B at Therkalputhoor Village, Agastheeswaram Taluk, Kanyakumari District, to the petitioner.
For Petitioner : Mr.H.Arumugam For Respondents : Mrs.S.Jeyapriya Government Advocate for R1&3 : Mr.P.Karthick for R2 : Mr.D.Nallathambi for R4
COMMON ORDER
The petitioner in W.P.(MD)No.7827 of 2020 challenges the impugned order passed by the first respondent in proceedings in Na.Ka.J3/2136/2017 dated 17.02.2020 and to consequently direct the respondents 1 and 2 to determine and disburse the compensation amount at the ratio of 3/4th to the cultivating tenant and 1/4th to the landlord in respect of the land measuring 2000 square meters out of total 50 ares in Resurvey No.37/6 in Therekalputhoor Village, Agastheeswaram Taluk, Kanyakumari District.
2. The petitioner in W.P.(MD)No.5282 of 2023 challenges the impugned order of the third respondent in Ni.A.Thae.Ne.482/2022 dated 21.12.2022 and to consequently direct the 1st respondent to disburse the entire compensation amount as per the Award No.02/2018 dated 19.02.2018 for acquisition of land in S.No.37/6B at Therkalputhoor Village, Agastheeswaram Taluk, Kanyakumari District, to the petitioner.
3. Both the writ petitions in W.P.(MD)No.7827 of 2020 as well as W.P.(MD)No.5282 of 2023 have been clubbed together by orders of the Hon'ble Administrative Judge, the writ petitions are heard together and disposed of by way of this common order.
4. I have heard Mr.D.Nallathambi, learned counsel for the pet
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