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2014 DIGILAW 2019 (MAD)

S. Subbiah v. District Collector, Sivagangai

2014-07-08

T.S.SIVAGNANAM

body2014
Judgment : 1. The petitioner seeks for a direction to direct the respondents 1 and 2 to handover the land bearing Sy.No.145/1C, 1B in Patta No.227 of Madappuram Village, Sivagangai District to the petitioner by taking into account the petitioner's representation dated 25.03.2014. 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3. By consent of both sides, the main writ petition itself is taken up for final disposal at the stage of admission. 4. The grievance of the petitioner is that the land in question was acquired for the purpose of providing free house for the Adi Dravidars during the year 1997-98, but till date neither the compensation has been disbursed nor the land has not been put to use. Therefore, the petitioner seeks for return of land or for payment of compensation. 5. So far, the first prayer is concerned since already the land acquisition proceedings attained finality, the land has vested with the Government free from encumbrances. If the land is not required for the said purpose it could be used for in other purpose by the Department or Government. Therefore, the prayer of the petitioner for return/reconveyance is rejected. However, the petitioner being the erstwhile land owner he entitled for payment of compensation for the lands acquired. 6. The learned Additional Government Pleader appearing for the respondents submitted that there was a dispute regarding the title, therefore, the compensation amount has been deposited in the Court and it has been lying in Court deposit. 7. In the light of the above, liberty is granted to the petitioner to approach the concerned Court and file an application for withdrawal of compensation amount. Along with the application, the petitioner shall produce necessary documents to establish his title over the property and if the same is filed, the Court below shall consider the application and issue notice to the acquiring body namely the second respondent as well as the rival claimants and pass orders on merits and in accordance with law as expeditiously as possible. 8. With the above directions, the writ petition is disposed of. Consequently, the connected Miscellaneous petition is closed. No costs.