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Madras High CourtWP/412/2019disposed of

P.Rajkumar v. State Of Tamil Nadu

2019-02-07Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.Nos.412 and 418 of 2019 and W.M.P.Nos.423 & 426 of 2019 P.Rajkumar ... Petitioner in W.P.No.412 of 2019 T.S.Ponnurangam ... Petitioner in W.P.No.418 of 2019 Vs.

1.State of Tamil Nadu Rep. by its Secretary to Government, Highways & Minor Ports Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The District Collector, Kancheepuram Dist. Collectorate, Kancheepuram 631 501.

... Respondents in both W.Ps PRAYER in both W.Ps : Petitions filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus, directing the 2nd respondent to pass orders on the representation of the petitioner dated 20.11.2018 and consequently, direct the respondents to pay enhanced compensation to the petitioner under the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013". For Petitioners :

Mrs.R.Maheswari For Respondents :

Mr.D.Raja, Additional Government Pleader C O M M O N O R D E R The petitioners have filed the present writ petitions to issue a writ of Mandamus to direct the 2nd respondent to pass orders on the representation of the petitioners dated 20.11.2018 and consequently, direct the respondents to pay enhanced compensation to the petitioners under the provisions of "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."

2. According to the petitioners, in the year 1988, the petitioners' lands were acquired for the purpose of laying and formation of Irumbuliyur - Maduravoyal By-pass Road. However, the petitioners were not paid any compensation for the acquired lands. Therefore, the petitioners have sent various representations to the authority concerned and finally, they sent a representation dated 20.11.2018 to the Second respondent. Since no order has been passed, the petitioners are before this Court.

3. The learned Additional Government Pleader appearing for the respondents would submit that on perusal of the representation, the petitioners have not furnished the details of the subject matter of the acquired lands. if the petitioners submit a representation with all particulars, the same would be considered by the second respondent and appropriate orders would be passed.

4. In the light of the above submissions, the petitioners are directed to submit a fresh representation along with all particulars to the second respondent, within a period of two weeks from the date of receipt of a copy of this order. If such representation being made, the second respondent is directed to consider the same and pass appropriate orders as expeditiously as possible.

5. With the above observations, these writ petitions stand disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS iv) //True Copy// Sub Assistant Registrar gsk To 1.The Secretary to Government, Highways & Minor Ports Department, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The District Collector, Kancheepuram Dist. Collectorate, Kancheepuram 631 501.

+2ccs to Mrs.R.Maheswari, Advocate SR.No. 11122 +1 CC TO GOVERNMENT PLEADER SR.NO. 11534,11355 W.P.Nos.412 and 418 of 2019 A.SK(07/03/2019)