MURUGESA GOUNDER Vs. SPECIAL TAHSILDAR

JUDGEMENT

(1.) The petitioners seek for issuance of a Writ of Mandamus to direct the respondents to make a reference under section 18 of the Land Acquisition Act for the lands acquired in Survey No.61/11 to an extent of 0.31 cents and S.No.61/12 to an extent of 0.62 cents (W.P.No.31678 of 2002), in Survey No.61/9 to an extent of 0.28 3/4cents, S.No.66/1 to an extent of 0.14 cents and S.No.67/2 to an extent of 0.37 cents (W.P.No.31679 of 2002), in Survey No.61/9 to an extent of 0.05 cents, S.No.62/3 to an extent of 0.24 cents, S.No.61/7 to an extent of 0.19 cents (W.P.No.31680 of 2002) which forms part of the Award in Award No.5 of 1988 dated 1.9.1988, to the Sub Court, Ranipet.

(2.) A perusal of the award in the Award No.5 of 1988, dated 1.4.1988 discloses that, while the petitioners made a demand for higher compensation at the rate of Rs.2500 per cent, ultimately, they agreed to receive the compensation determined by the Acquisition Officer under protest. Accordingly, while the compensation was awarded by the first respondent, it was held as under.

(3.) Therefore, the petitioner contended that inspite of such a categorical direction has been made in the award, the same was not referred to the appropriate Tribunal for determining the higher compensation and therefore, the petitioners have approached this Court seeking for issuance of the direction. However, the learned Special Government Pleader, by referring to Section 18(2) of the Land Acquisition Act, contended that in as much as there was no separate application made by the petitioners that too within the stipulated time limit, as provided in that sub section, the petitioners are not entitled for the reference as sought for in these Writ Petitions.