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Madras High CourtWP/5118/2017disposed of

J.Venkatesan, v. The District Collector,

2017-03-01Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.5118/2017 J.Venkatesan .. Petitioner

Versus

1.The District Collector Cuddalore District, Cuddalore.

2.The Secretary Neyveli Lignite Corporation Limited Corporate Office, Block-I Neyveli-3, Panruti Taluk Cuddalore District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to provide the petitioner with a job commensurate with his education and also provide the petitioner with an alternative house pursuant to the acquisition of the lands of the petitioner under proceedings of the Special Tahsildar-I, Land Acquisition, Neyveli-2 in his Na.Ka.Aa/1526/94 dated 06.04.1999. For Petitioner : Mrs.A.Grahalakshmi for M/s.R.Gururaj For Respondents :

Mr.P.Chinnadurai Govt Advocate for R1 Mr.A.Nithiyanandam for R2

ORDER

By consent, the writ petition is taken up for final disposal. Mr.P.Chinnadurai, learned Government Advocate accepts notice on behalf of the 1st respondent and Mr.A.Nithiyanandam, learned counsel accepts notice on behalf of the 2nd respondent. The petitioner claims that he was the owner of the land admeasuring to an extent of 2 acres comprised in S.Nos.121/1 and 121/2, admeasuring to an extent of 0.53.0 and 0.28.0 Hectares respectively in Thenkuthu Village, Panruti Taluk, Cuddalore District and the petitioner has also put up a hut in S.No.121/1 and was residing there. It is further averred by the petitioner that the respondents had acquired the above

said lands, more particularly by the Special Tahsildar, No.1, Neyveli-2, vide proceedings dated 06.04.1999 in Na.Ka.Aa./1526/94 and the petitioner was paid with compensation of Rs.1,56,178/- and was also paid with an additional compensation. According to the petitioner, a scheme has been formulated to give employment to family members whose lands have been acquired for the purpose of expansion of operation of Neyveli Lignite Corporation Limited and in this regard, the petitioner has also submitted a representation to the District Revenue Officer [Land Acquisition], Neyveli-2, praying for appointment and the said official vide letter in Na.Ka.L2/241/2016 dated 03.10.2016, had forwarded the same to the Special Deputy Collector [Land Acquisition], Neyveli as well as to the Chief General Manager, [LAR&R], Neyveli-2 and since no orders have been passed, the petitioner came forward to file the present writ petition.

The learned counsel for the petitioner would submit that the petitioner in this regard, has also submitted a representation dated 09.09.2016 to the 1st respondent and it is yet to be considered and given disposal and hence, the petitioner is constrained to approach this Court, by filing the present writ petition.

The Court heard the submissions of Mr.P.Chinnadurai, learned Government Advocate appearing for the 1st respondent and Mr.A.Nithiyanandam, learned Standing Counsel appearing for the 2nd respondent.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the claim projected by the petitioner, directs the Special Deputy Collector [Land Acquisition], Neyveli as well as the Chief General Manager, LAR&R, Neyveli-2, to act on the communication of the District Revenue Officer, Land Acquisition, Neyveli, dated 03.10.2016 in Na.Ka.L2/241/2016 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition stands disposed of with the above direction. No costs.

AP Sd/- Assistant Registrar (CS VI) /TRUE COPY/ Sub-Assistant Registrar

To 1.The District Collector Cuddalore District, Cuddalore.

2.The Secretary Neyveli Lignite Corporation Limited Corporate Office, Block-I Neyveli-3, Panruti Taluk Cuddalore District.

Copy to:- The Special Deputy Collector Land Acquisition, Neyveli.

The Chief General Manager LAR&R, Neyveli-2.

The District Revenue Officer, Land Acquisition, Neyveli.

+1 CC to Govt Pleader SR.NO.13551 +1 CC to Mr.R.Gururaj Advocate SR.NO.13133 WP.No.5118/2017 KK[CO] MK:14/03/2017