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Madras High CourtWP/3478/2022disposed of

Suguna Subramanian v. The District Collector

2022-02-23Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.Nos.3478, 3482 & 3484 of 2022 W.M.P.Nos.3598, 3604 & 3607 of 2022 1.Suguna Subramanian

...Petitioner in W.P.No.3478 of 2022

2.Sivakami

...Petitioner in W.P.No.3482 of 2022

3.P.Natarajan

...Petitioner in W.P.No.3484 of 2022

vs.

1.The District Collector, Office of the District Collectorate, Coimbatore - 641 018.

2.The Executive Officer, Irugur town panchayat, Coimbatore District - 641 103. ...Respondents in all W.Ps. PRAYER in W.P.No.3478 of 2022:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner representation dated 14.09.2021 and to release compensation to the petitioner's land comprised in S.No.317/3, 320/2 situated at Irugur Village, Coimbatore District measuring nearly about 12 cents.

PRAYER in W.P.No.3482 of 2022: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to release the compensation to petitioner's private lands comprised in S.Nos.317/3, 320/2 situated in Irugur village, Coimbatore District measuring nearly about 12 cents based on the petitioner representation dated 14.09.2021.

PRAYER in W.P.No.3484 of 2022: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to release the compensation to petitioner's private lands comprised in S.Nos.306/9 part situated at Irugur Village, Coimbatore District measuring an extent of 15.93 cents based on the petitioner representation dated 29.06.2021.

For Petitioner :

Mr.G.Prabhakhar (in all W.Ps) For Respondents :

Mr.M.Muthusamy (for R.1) (in all W.Ps) Mr.C.Kathiravan ( for R.2) Special Government Advocate COMMON ORDER The petitioners have filed this petition seeking a direction to the the second respondent to release the compensation to petitioners private lands situated at Irugur Village, Coimbatore District based on the petitioners representation.

2. Mr.C.Kathiravan, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioners is that the petitioners are the owners of the property comprised in S.No.317/3, 320/2, 306/9 respectively, situated at Irugur Village, Coimbatore District. Without any notice the second respondent encroached petitioners lands for laying of roads and no compensation amount was paid, for which, petitioners have made representations to the second respondent on 14.09.2021 and on 29.06.2021 to release the compensation amount. However, till date no action has been taken by the respondents on the representations made by the petitioners. Hence the present Writ Petition has been filed by the petitioners with the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioners submits that earlier, in similar circumstances the Division Bench of this Court in W.A.No.1056 of 2021 directed the State Government to Award the compensation. Accordingly, he prays for similar orders in this petition.

5. The learned Government Advocate appearing for the respondents submits that the petitioners representation dated 14.09.2021 and 29.06.2021 will be considered by the respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioners representations dated 14.09.2021 and 29.06.2021 and if the petitioners herein are

similarly situated the benefit of the order passed in W.A.No. 1056 of 2021 by the Division Bench of this Court may be extended to the petitioner, if there is no legal impediment and appropriate orders to be passed within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, these writ petitions are disposed of with the aforesaid direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar nhs/tri To 1.The District Collector, Office of the District Collectorate, Coimbatore - 641 018.

2.The Executive Officer, Irugur town panchayat, Coimbatore District - 641 103.

+3ccs to Mr.G.Prabhakhar, Advocate SR. Nos.12096, 12095 & 12094 +1cc to Government Pleader SR. No.12800 W.P.Nos.3478, 3482 & 3484 of 2022 W.M.P.Nos.3598, 3604 & 3607 of 2022 CP (CO) PR (10/03/2022)