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2012 DIGILAW 2635 (MAD)

P. S. Annamalai Udayar v. District Collector Villupuram District

2012-06-25

M.JAICHANDREN

body2012
Judgment :- 1. This writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus to direct the respondents to restore the lands in question, belonging to the petitioner, which had been subjected to land acquisition proceedings initiated by the respondents. 2. The petitioner had stated that the land acquisition proceedings initiated by the respondents, in respect of the land in question, had been quashed, by an order passed by this Court, on 29.4.2002, in W.P.No.2680 of 1996. The order, dated 29.4.2002, had become final, as no appeal had been filed against the said order. 3. It had been further stated that the petitioner was willing to give his lands to the respondents, by way of private negotiations. However, the respondents did not take any action, in spite of the several representations sent by the petitioner. 4. It had been further stated that, during the pendency of the writ petition, in W.P.No.2680 of 1996, an award had been passed, on 29.3.1997, and a compensation amount of Rs.2,15,163/- had been received by the petitioner, as the owner of the land, under protest, on 25.4.1997. Even though the order passed by this Court, on 29.4.2002, in W.P.No.2680 of 1996, had become final, the petitioner ought to have returned the amount of Rs.2,15,163/- received by him, as compensation, in respect of the land in question, along with the appropriate interest. However, the learned Additional Government Pleader appearing for the respondents had not denied the fact that the land in question had not been subjected to any land acquisition proceedings initiated by the respondents, subsequent to the order passed by this Court, on 29.4.2002, in W.P.No.2680 of 1996. 5. In such circumstances, this Court finds it appropriate to direct the respondents to restore the lands in question, in S.No.72/1, 73/2B and 72/2A, in Pillur Village, Villupuram Taluk, to the petitioner, on his payment of Rs.2,15,163/-, received by him as compensation, along with the appropriate interest thereon. The petitioner shall return the amount of Rs.2,15,163/- along with the accrued interest, to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. On repayment of the said amount by the petitioner, the respondents shall restore the land in question, to the petitioner, within a period of four weeks thereafter. The writ petition is ordered accordingly. No costs. On repayment of the said amount by the petitioner, the respondents shall restore the land in question, to the petitioner, within a period of four weeks thereafter. The writ petition is ordered accordingly. No costs. Connected M.P.No.1 of 2011 is closed.