Madras High Court
A.P.Hareendran vs The Government Of Pondicherry on 23 September, 2021
W.P.No.8956 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.8956 of 2017 and
W.M.P.No. 9864 of 2017
A.P.Hareendran ... Petitioner
-Vs-
1. The Government of Pondicherry,
Represented by Secretary (Revenue),
Pondicherry.
2. Deputy Collector (Revenue)-Cum-
Land Acquisition Officer,
Mahe. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, calling for the
records of the Order No. 2221/DCR/LA/Fire Station/2016/86, dated
03.02.2016 passed by the second respondent and quash the same and
consequently direct the second respondent to refer the dispute under Section
18 of Land Acquisition Act, 1984.
For Petitioner : Mr.K.Raja Shrinivas
For Respondents : Mrs. V.Usha
Additional Government Pleader,
Pondicherry.
ORDER
This Writ Petition has been filed to issue a writ of certiorarified
mandamus, calling for the records of the Order No. 2221/DCR/LA/Fire
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W.P.No.8956 of 2017
Station/2016/86, dated 03.02.2016 passed by the second respondent and quash
the same and consequently direct the second respondent to refer the dispute
under Section 18 of Land Acquisition Act, 1984.
2. Heard Mr.K.Raja Shrinivas, learned counsel appearing for the
petitioner and Mrs. V.Usha, learned Additional Government Pleader,
Pondicherry appearing for the respondents.
3. The case of the petitioner is that he owned a land comprised in
R.S.No. 81/5 at Mahe Revenue Village. The said land was acquired by the
second respondent and the award was passed on 20.03.1998 in Award No. 2 of
1998. Due to dispute between the family members of the petitioner, there was
a suit in O.S.No. 102 of 1980 for partition. It was decreed on 19.08.2010 and
accordingly, the petitioner was allotted 1584/26400 th share in the said property.
Only in the year 2015, he came to know about the acquisition proceedings and
the award passed by the second respondent. Thereafter, he made objections
for enhancement of the compensation amount, insofar as his share is concerned
in the land comprised in R.S.No. 81/5. However, the second respondent
rejected the same by an order dated 03.02.2016 impugned in this writ petition,
for the reason that the award dated 20.03.1998 in Award No. 2/98, a reference
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W.P.No.8956 of 2017
was already made insofar as the land comprised in R.S.No.81/5 in L.A.O.P.No.
4 of 1998 on the file of Sub Court, Mahe and the award passed by the Land
Acquisition Officer has been confirmed by the Judgment and Decree dated
01.08.2003. In fact, the said order was also confirmed by this Court in Appeal
Suit. Therefore, the petitioner is not entitled for enhanced compensation and
his request for reference was rejected.
4. The learned counsel for the respondent would submit that, in fact,
the petitioner immediately after the award, sent his objections for reference
under Section 30 of the Act and he had been added as a party to the
proceedings by the third respondent and his request was considered and
rejected. Therefore, he is aware about the acquisition proceedings and award,
even in the year 1998 itself. Under the same award there was reference in
L.A.O.P.No. 4 of 1998 and confirmed the award passed by the Acquisition
Officer. Subsequently, it was also confirmed in the Appeal Suit. There was no
purpose would be served for the request of the petitioner referred before the
Sub Court, Mahe. Therefore, this Court finds no infirmity or illegality in the
order passed by the second respondent. Hence, the Writ Petition is devoid of
merits.
5. In view of the above, the writ petition stands dismissed.
https://www.mhc.tn.gov.in/judis/
W.P.No.8956 of 2017
Consequently, the connected Miscellaneous Petition is closed. No costs.
23.09.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
Lpp/mn
To
1. The Secretary (Revenue),
The Government of Pondicherry,
Pondicherry.
2. Deputy Collector (Revenue)-Cum-
Land Acquisition Officer,
Mahe.
https://www.mhc.tn.gov.in/judis/
W.P.No.8956 of 2017
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.8956 of 2017 and
W.M.P.No. 9864 of 2017
23.09.2021
https://www.mhc.tn.gov.in/judis/
