R.Mythili v. The Deputy Collector (L.A)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.Nos.10330 of 2016 R.Mythili ..Petitioner Vs 1.The Deputy Collector (L.A) Department of Revenue and Disaster Management, Puducherry

2. The Chief Engineer, Public Works Department, Puducherry,

3. The Superintending Engineer, Circle-II, Public Engineering Works, Puducherry,

4. The Executive Engineer, Irrigation Division (Estate Officer), Public Works Department, Puducherry.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to take due steps towards granting of compensation based on the representation's of the petitioner dated 17.09.2014.

For Petitioner : Mr.S.Raveekumar For Respondents : Mr.A.Tamilvanan, Govt.Advocate

ORDER

Heard the learned counsel for the petitioner and Mr.A.Tamilvanan, learned Government Advocate, who accepts notice for respondents.

2. The petitioner seeks for issuance of a Writ of Mandamus directing the respondents to take due steps towards granting of compensation based on the representation's of the petitioner dated 17.09.2014.

3. The petitioner's request for grant of compensation was considered and the 4th respondent by proceedings dated 10.2.2009 directed the petitioner to submit the relevant documents. According to the petitioner, he has submitted the relevant documents and the 4th respondent by communication dated 18.5.2010 has requested the 1st respondent to take action for fixation of compensation payable for the petitioner's lands, which have been utilised for formation of side drain and road in Shanmugapuram Vellavai from Vazhudavour road to Kanakaneri mouth in Puducherry. Insptie of the said communication, it appears that the 1st respondent has not considered the petitioner's request and the petitioner has made several representations thereafter.

4. The learned Government Advocate appearing for the respondents submits that the 1st respondent may be granted reasonable time to consider the representation of the petitioner and pass appropriate orders on merits and in accordance with law.

5. In the light of the above submission, there will be a direction to the 1st respondent to consider the petitioner's representation dated 17.9.2014 take note of all the facts including the factual averments stated by the 4th respondent in the communication dated 18.5.2010 and pass appropriate orders on merits and in accordance with law within a period of ten weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To:

1.The Deputy Collector (L.A) Department of Revenue and Disaster Management, Puducherry

2. The Chief Engineer, Public Works Department, Puducherry,

3. The Superintending Engineer, Circle-II, Public Engineering Works, Puducherry,

4. The Executive Engineer, Irrigation Division (Estate Officer), Public Works Department, Puducherry.

+1cc to Mr.S. Raveekumar, Advocate, S.R.No.17917 AK(CO) EU(04/04/2016) WP.No.10330/2016