R.Rathnavel, S/O.Ramasamy v. Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.M.SUNDRESH W.P.No.9582 of 2017 R.Rathnavel S/o Ramasamy, Thenkeeranur Village & Post, Kallakurichi Taluk, Villupuram District.
... Petitioner Vs.
1.Government of Tamil Nadu, Rep. by the Principal Secretary to Government, Transport Department, Secretariat, Chennai.
2.The Additional Chief Secretary/ Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-5.
3.The District Collector, Villupuram District, Villupuram.
4.The Revenue Divisional Officer, Kallakurichi, Villupuram District.
5.The Chief Administrative Officer, Southern Railways-Construction Division, E.V.R. Salai, Egmore, Chennai-8. ...Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus directing the respondents to give compensation under the provisions of the right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 (Central Act No.30/2013) to the petitioner for the acquisition
of his lands covered in Enquiry notice dt.30.06.2016 issued by the 3rd respondent and in G.O.Ms. No.49 Transport (I.1) Department dated 05.05.2016 on the file of the 1st respondent for acquisition of Lands for formation of New Broad Gauge Railway line between Chinnasalem and Kallakurichi. For Petitioner : Mr.C.Mahendran For respondents : Mr.P.V.Selvakumar, Addl. Government Pleader for R1 to R4 Mr.P.T.Ramkumar for R5
ORDER
Seeking the application of Act 30/2013 for the purpose of determining the compensation over the land acquired by the petitioner, the present writ petition has been filed.
2. The learned counsel appearing for the petitioner would submit that though a larger relief has been sough for, it would suffice if the pending representation made by the petitioner to the third respondent dated 30.03.2017 may be directed to be considered.
3. Considering the said request, without going into the merits of the case, a direction is issued to the third respondent to look into the representation of the petitioner dated 30.03.2017 and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. It is needless to state that while passing the aforesaid order, the scope and applicability of the Government order passed in G.O.Ms.No.251, Industries (SIPCOT-LA) Department, dated 31.12.2014 will have to be considered.
4. The writ petition stands disposed of accordingly. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
raa To 1.The Principal Secretary to Government, Government of Tamil Nadu, Transport Department, Secretariat, Chennai.
2.The Additional Chief Secretary/ Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai-5.
3.The District Collector, Villupuram District, Villupuram.
4.The Revenue Divisional Officer, Kallakurichi, Villupuram District.
5.The Chief Administrative Officer, Southern Railways-Construction Division, E.V.R. Salai, Egmore, Chennai-8.
+1cc to Mr.P.T.Ramkumar, Advocate Sr.23860 +1cc to the Government Pleader Sr.24044 +1cc to Mr.C.Mahendran, Advocate Sr.24267 [27/04/2017] W.P.No.9582 of 2017 skv[co] srg 26/04/2017