R.ARUMUGAM Vs. SPECIAL TAHSILDAR (LAND ACQUISITION)

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner challenging the order dated 16.05.2018 passed by the first respondent in his proceedings and to consequently direct the first respondent to disburse the compensation amount due to the petitioner for the land in R.S.Nos. 273/4 and 273/5 of an extent of 93.56 cents in Manamadurai Village, Sivangangai District.

(2.) It is the case of the petitioner that the first respondent acquired his lands measuring 93.56 cents of a total extent of 2 Acres and 12 cents in R.S.Nos.273/4 and 273/5 in Manamadurai Village, Sivagangai District as early as on 04.10.2016. But till date even after passing the Award on 06.10.2016, no compensation amount has been paid to the petitioner. But instead, the first respondent by the impugned order dated 16.05.2018, refused to pay the compensation to the petitioner, since according to him there is a dispute pertaining to the same property between the petitioner and the second respondent. It is the case of the petitioner that a suit for specific performance was preferred by the second respondent against the petitioner to enforce an agreement of sale dated 17.04.2008. By a judgment and decree dated 06.10.2016 passed in O.S.No.45 of 2009 by District Court, Sivagangai District, a specific performance decree was granted in favour of the second respondent. However, under the decree the property, which is the subject matter of acquisition was excluded from the decree and the second respondent was also permitted to withdraw the excess sale consideration deposited by him to the credit of the suit.

(3.) Aggrieved by the Judgment and decree dated 06.10.2016 passed in O.S.No.45 of 2009, the petitioner preferred an appeal before this Court in A.S.No.57 of 2017, which is still pending before this Court. Since the compensation amount was not paid to the petitioner, he has approached this Court by filing this writ petition.