DEVIKA RANI Vs. COLLECTOR SIVAGANGAI DISTRICT SIVAGANGAI

JUDGEMENT

(1.) THE appeal is directed against the order of the learned Single Judge dated 22.1.2010 in W.P.No.10482 of 2009, by which the learned Judge has dismissed the writ petition filed by the appellant challenging the proceedings of the District Collector dated 16.4.2009, by which the District Collector has informed the appellant that in spite of offering payment of ` 3.25 Lakhs as per the earlier order passed by the learned Single Judge dated 25.8.1998 in W.P.No.2524 of 2002, the appellant has not taken steps to receive the cheque and, therefore, directed the appellant to receive the said amount, failing which it was stated that further action would be taken.

(2.) THE short facts leading to the filing of the writ petition by the appellant are that, in the year 1920, a land measuring about 9 Cents in Survey No.293/2, Manamadurai Village, Sivaganga Taluk was notified for acquisition under the Land Acquisition Act (for brevity "the Act") and ultimately, the award has been passed in respect of the said 9 Cents of land. However, it is the case of the appellant that the Government has erroneously expropriated a total extent of 67 Cents of land instead of 9 Cents and handed over the same to the Railways. Admittedly, in respect of the 9 Cents of land, the appellant has been paid the compensation as per the Act.

(3.) WHEN a question arose as to who has to pay the said amount of compensation, the school which has purchased the 58 Cents of land in the public auction from the Government has filed an appeal in W.A.No.1311 of 1998. A Division Bench of this Court, in the judgment dated 31.7.2000, has modified the order in respect of the payment of compensation of ` 3.25 Lakhs stating that it is not the school which is liable to pay the amount and in other respects, the order of the learned Single Judge stood confirmed.