Madras High CourtWP/2145/2022disposed of

P.Rangasamy v. The District Collector,

2022-02-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No. 2145 of 2022 Mr.P.Rangasamy .. Petitioner

Versus

1. The District Collector, Villupuram.

2. The Revenue Divisional Officer, Revenue Divisionsal Office, Villupuram, Villupuram District.

3. The Special Tahsildar, Land Acquisition, Rail Vikas Nigam Limited (RVNL-Unit-1), [For doubling of Broad-Gauge Railway Line between Villupuram and Dindigul], Villupuram, Villupuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to determine and fix fair compensation for the acquisition of petitioner's land comprised S.No.265 / 6A situated at V.Maruthu Village, Villupuam Taluk, villupuram District under the provisions of the Tamil Nadu Land Acuisition Laws (Revival of Operation, Amendment and Validation) Act, 2019, with the time stipulated by this Honourable Court by considering petitioner's representation dated 07/01/2022. For Petitioner :

Mr.AR.Balaji For Respondents :

Mr.G.Krinshanraja Additional Government Pleader

O R D E R

The present writ petition has been filed seeking a direction to the respondents to determine and fix fair

compensation for the acquisition of petitioner's land comprised S.No.265 / 6A situated at V.Maruthu Village, Villupuam Taluk, villupuram District under the provisions of the Tamil Nadu Land Acuisition Laws (Revival of Operation, Amendment and Validation) Act, 2019, with the time stipulated by this Honourable Court by considering petitioner's representation dated 07/01/2022. 2.The case of the petitioner is that the petitioner is the absolute owner of the land comprised in Survey No.265/6A admeasuring an extent of 43 cents and the petitioner derived absolute title to the subject lands by way of registered sale deed dated 09.08.2000 vide Doc.No.2898 of 2000 on the file of SRO, Villupuram and it was duly recorgnised by the Revenue Authorities by issuing Patta No.5444.

While being so, the State Government has issued Acquisition Notification under Section 31 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 to acquire the petitioner's lands for public purpose of Doubling of Broad-Gauge Railway Line between Villupuram and Dindigul. The lands were acquired as early on 26.03.2018, but, the Competent Authoritity has not determined the fair compensation for the acquired lands. Hence, the petitioner made a representation to the respondents to determine and fix fair compensation for the acquisition of petitioner's land but till date the same was not considered. Therefore, the petitioner has filed the present writ petition before this Court seeking the above said prayer.

3. The leanred counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 07.01.2022 within the stipulated time as fixed by this Court.

4. The learned Additional Government Pleader submitted that the representation of the petitioner will be considered and appropriate orders will be passed within the time stipulated by this Court.

5. Considering the facts and circumstances of the case, this court, directs the respondents to consider the representation of the petitioner dated 07.01.2022 for fixation of fair compensation and pass appropriate orders on merits and in accordance with law, after hearing the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the aforesaid directions, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nti/rli To

1. The District Collector, Villupuram.

2. The Revenue Divisional Officer, Revenue Divisionsal Office, Villupuram, Villupuram District.

3. The Special Tahsildar, Land Acquisition, Rail Vikas Nigam Limited (RVNL-Unit-1), [For doubling of Broad-Gauge Railway Line between Villupuram and Dindigul], Villupuram, Villupuram District.

+2ccs to M/s.S.Mohamed Uduman, Advocate, S.R.No.8884 +1cc to the Government Pleader, S.R.No.9522 W.P. No. 2145 of 2022 RSI(CO) SU(08/03/2022)