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Madras High CourtWP/1836/2022disposed of

N.Prabu Ram Karthikeyan v. The District Collector

2022-02-09Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.1836 of 2022 N.Prabu Ram Karthikeyan

...Petitioner

Vs.

1. The District Collector, Collectorate Tiruvarur.

2. The Special Tahsildar, Department of Adi-Dravidar Welfare, Mannargudi Taluk Office, Tiruvarur District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to pay the proper compensation to the petitioner as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the acquisition of lands in S.No.164/1, 164/5, 164/6 and share in 164/3 and 164/4 covering a total extent of 1.14 acres.

For Petitioner : Mr.P.Vijendran For Respondents: Mr.A.Anandan Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to pay proper compensation to the petitioner as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for the acquisition of lands in S.No.164/1, 164/5, 164/6 and share in 164/3 and 164/4 covering a total extent of 1.14 acres.

2.The case of the petitioner is that the petitioner's father was the owner of the subject property and the same was acquired for the purpose of providing house sites for house less AdiDravidars and aggrieved by the compensation fixed for the said lands, the petitioner's father filed W.P.No.28625 of 2006 before this Court and this Court vide order dated 29.08.2006 disposed https://hcservices.ecourts.gov.in/hcservices/

of the said writ petition by directing the first respondent therein to consider the petitioner therein's representation, however, there was no fruitful response. While being so, the petitioner's father died and hence, the petitioner made representation dated 06.01.2022 to the respondents seeking to pay fair compensation as per the Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement Act, 2013 and since the same has not yet been considered, has filed this writ petition.

3.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, this Court may issue direction to the respondents to consider the petitioner's representation dated 06.01.2022 and to pass appropriate orders within a reasonable time frame.

4.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 06.01.2022, on merits and in accordance with law and to pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

5.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar pri To

1. The District Collector, Collectorate Tiruvarur.

2. The Special Tahsildar, Department of Adi-Dravidar Welfare, Mannargudi Taluk Office, Tiruvarur District.

+1cc to Mr.P.Vijendran, Advocate, S.R.No.8211 +1cc to the Government Pleader, S.R.No.8996 W.P.No.1836 of 2022 KG(CO) RGA(25/02/2022) https://hcservices.ecourts.gov.in/hcservices/