M SALAHUDEEN(DIED) Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Appeal has been preferred by the appellant, being aggrieved over the order passed by the learned Single Judge, by which, the Writ Petition filed was dismissed as not maintainable, involving disputed questions with respect to both title and possession.

(2.) The learned counsel for the appellant would submit that the lands of the appellant were included in the acquisition proceedings in the year 1963. A larger extent of six acres was sold in favour of a committee, with which a settlement was entered into. Therefore, as per the new Act namely, Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), the compensation having not been paid and possession not taken, they are entitled for the relief.

(3.) The learned Special Government Pleader appearing for the respondents would submit that the appellant has suppressed the earlier Writ Petition in W.P.No.1912 of 2010 filed and dismissed on 18.10.2010. The commutation has been effected way-back in the year 1969. S.No.6 has undergone change and accordingly sub-divided into S.Nos.6/1 and 6/2. In S.No.6/1, what is available was an extent of 92 cents. Of this extent, a construction has been put up for Tirunelveli Government Medical College and Hospital and the remaining extent is made to be used and it was originally classified as 'Poramboke' land and one belonging to the Tirunelveli Medical College. Insofar as S.No.6/1 is concerned, the same is used as a road after taking possession.