Madras High CourtWP/10426/2011disposed of

Srinivas Theatres (P) Ltd v. The Commissioner (Land

2019-01-22Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.10426 of 2011 and M.P.No.1 of 2011 --- Srinivas Theatres (P) Ltd., Rep. by its Director G.V.Ramakrishna No.8/6, Saradambal Street T.Nagar, Chennai-600 017 ..Petitioner Vs

1. The Commissioner (Land Acquisition) Ezhilagam, Chennai, Chennai-600 005

2. The District Collector Chennai District Singaravelar Maaligai Kamaraj Salai, Chennai-600 003

3. The Tahsildar Triplicane, Mylapore Taluk Chennai ..Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to consider the Petitioner's representation dated 23.03.2011 with regard to the objections raised against the Award of Compensation granted in Award No.1 of 2010 of the 3rd respondent dated 15.10.2010 in respect of the land bearing R.S.No.3847/124, Mylapore Village No.5, Cenotaph Road, Chennai600 018 to an extent of 1128 sq.ft., acquired for public purpose under Section 4(1) of the Land Acquisition Act, 1894. For Petitioner :

Mr.C.K.M.Appaji For Respondents :

Mr.D.Raghu, Govt.Advocate for R1 to R3.

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ORDER

This Writ Petition is filed praying to issue a writ of Mandamus to direct the respondents to consider the Petitioner's representation dated 23.03.2011 with regard to the objections raised against the Award of Compensation granted in Award No.1 of 2010 of the 3rd respondent dated 15.10.2010 in respect of the land bearing R.S.No.3847/124, Mylapore Village No.5, Cenotaph Road, Chennai-600 018 to an extent of 1128 sq.ft., acquired for public purpose under Section 4(1) of the Land Acquisition Act, 1894.

2. Considering the limited scope of the prayer sought for in this Writ Petition, without going into the merits of the matter, this court is inclined to direct the 2nd respondent/the District Collector, Chennai, to consider the Petitioner's representation dated 23.03.2011 with regard to the objections raised against the Award of Compensation granted in Award No.1 of 2010 of the 3rd respondent dated 15.10.2010 in respect of the Petitioner's land acquired for public purpose under Section 4(1) of the Land Acquisition Act, 1894, as early as possible, preferably, within a period of four months from the date of receipt of a copy of this order. The Petitioner is directed to submit a copy of representation dated 23.03.2011 along with a copy of this order, to the 2nd respondent immediately after the receipt of a copy of this order.

3. The Writ Petition is disposed of with the above observation. No costs. Consequently, connected MP is closed. Sd/- Assistant Registrar //True Copy// nvsri Sub Assistant Registrar To

1. The Commissioner (Land Acquisition) Ezhilagam, Chennai, Chennai-600 005

2. The District Collector, Chennai District, Singaravelar Maaligai Kamaraj Salai, Chennai-600 003

3. The Tahsildar,Triplicane, Mylapore Taluk, Chennai +1 cc to Mr.C.K.M.Appaji, Advocate, S.R.No.5597 PVS(CO) WP.10426 of 2011 SSM(18/03/2019).

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