Chinnapaiyyan v. Special District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.2666 of 2022 and W.M.P.No.2820 of 2022
1. Chinnapaiyyan
2. Krishnaveni
3. Ranjitham @ Ranjithammal
4. Dhanapal
5. Arumugam @ Vadivel
6. Janaki
...Petitioners
Vs.
1. The Special District Revenue Officer, Land acquisition Bangalore - Chennai National Highways project, Vellore District - 9.
2. The District Treasury Officer, District Treasury Office, District Collector Building, Block - B, First Floor, Sathuvachery, Vellore District - 9.
3. The Assistant Treasury Officer, Taluk office complex, Arakkonam, Ranipet District - 631002.
Thiruvallur.
4. Chinnappa Reddy
...Respondents
PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, or direction in the nature of writ, directing the first respondent to consider the petitioners representation dated 13.12.2021 (requesting them to disburse petitioners 1⁄2 share over the compensation amount lying with them) within a stipulated time.
For Petitioners : Mr.R.Krishnan For Respondents : Mr.M.Muthusamy Government Advocate
O R D E R
Writ Petition has been filed for issuance of writ of Mandamus to direct the first respondent to consider the petitioners' representation dated 13.12.2021 (requesting them to disburse petitioners 1⁄2 share over the compensation amount lying with them) within a stipulated time.
2. Since no adverse orders are passed against the respondents, notice to them is not necessary and this Writ Petition is disposed of, based on the available materials.
3. The case of the petitioners is that the property situated at Mangalam Village, Sholinganallur Taluk, Ranipet District, previously Vellore District, comprised in Old Survey No.389/4, new Survey No.389/4A, measuring an extent of 3 acres and 01 cent was owned and possessed by one Madhuvappa Reddy @ Madhuva Reddy and the said Madhuvappa Reddy purchased the same by two registered sale deeds dated 14.04.1947 and 20.05.1960. The said Madhuvappa Reddy died on 10.03.1963, leaving behind his two sons viz., Govinda @ Govindappa Reddy, first petitioner's father and Chinnappa Reddy, the fourth respondent herein and thereafter, the petitioners' father and his brother were enjoying the said property jointly. While being so, the petitioner's father Govindappa Reddy died in the year 1995, leaving behind the petitioners as his legal heirs.
The said land was required for the purpose of Bangalore to Chennai Highways project. However, the petitioners are entitled to receive 50% compensation. For which the petitioners made representation on 13.12.2021 to the first respondent, however the said representation has not been considered till date. Hence, the present case is filed by the petitioners. 4.Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court issues direction to the 1st respondent to consider the petitioners' representation dated 13.02.2021 and pass orders on the same within a particular time frame fixed by this Court.
5.The learned Government Advocate has no objection for said order being passed.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 2nd respondent to consider the petitioners'
representation dated 13.12.2021 on merits and in accordance with law and pass appropriate orders after providing
opportunity to the 4th respondent, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.
Consequently connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar rgi/sk To
1. The Special District Revenue Officer, Land acquisition Bangalore - Chennai National Highways project, Vellore District - 9.
2. The District Treasury Officer, District Treasury Office, District Collector Building, Block - B, First Floor, Sathuvachery, Vellore District - 9.
3. The Assistant Treasury Officer, Taluk office complex, Arakkonam, Ranipet District - 631002.
Thiruvallur.
+1cc to Mr.R.Krishnan, Advocate SR. No.9715 +1cc to Government Pleader SR. No.10834 W.P.No.2666 of 2022 and W.M.P.No.2820 of 2022 EV (CO) PR (10/03/2022)