KANNAN Vs. DISTRICT COLLECTOR VELLORE

JUDGEMENT

(1.) The petitioners have sought for a for a mandamus, directing the respondents to make a reference under Section 18 of the Land Acquisition Act to Sub Court, Ranipet in respect of lands measuring0.50 Cents and0.50 Cents in S. Nos. 97/6 and 103 respectively and l/4th Share in well at Piliyanthangal Village, as determined by the learned Subordinate Judge, Ranipet in LA.O.P. No. 160 of 1984 and LA.O.P. No. 29 of 1991, respectively for determination of compensation amount.

(2.) Short facts leading to the Writ Petition are as follows: The first petitioner owned lands measuring measuring 0.50 Cents and 0.50 Cents in S. Nos. 97/6 and 103 respectively and 1/4th Share in well at Piliyanthangal Village. The said lands were acquired by the Government for the benefit of BHEL and the District Collector, Vellore, first respondent herein, passed an Award in No. 14 of 1983, dated 14.10.1983. Since there was a dispute with regard to the ownership among several persons, who claimed independent right, the Special Tahsildar, (Land Acquisition), BHEL, referred the matters under Section 30 of the Land Acquisition Act (hereinafter referred to as "the Act") to Sub-Court, Ranipet. However, no reference was made under Section 18 of the Act to the Sub-Court, Ranipet. Reference made under Section 30 of the Land Acquisition Act was numbered as L.A.O.P. No. 160 of 1984 and L.A.O.P. No. 29 of 1991, in the sub-Court, Ranipet, in which, first petitioner was the first claimant. Learned Subordinate Judge, Ranipet, found that third petitioner was entitled to.50 cents of lands in the said Survey Number.

(3.) It is the contention of the petitioner that while referring the matter to the Sub Court, under Section 30, simultaneously a reference under Section 18 of the Act, ought to have been made to the Civil Court. Though the petitioners have issued a notice, dated 24.5.1995 to the respondents to make a reference under Section 18 of the Act, there was no response. Hence, the Legal representatives, petitioners have come forward with the present Writ Petition for the relief as stated supra.