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Madras High CourtWP/4102/2020dismissed as withdrawal

C.Govindan v. The Collector,

2020-02-21Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 4102 of 2020 C. Govindan ... Petitioner -vs1. The Collector, Kanchipuram, Kanchipuram District - 631 501.

2. The Special Tahsildar, SIPCOT SPR/ICK Scheme, Irungattukottai, Chennai.

3. The Addl. Chief Secretary & Commissioner, Revenue Administration, Chepauk, Chennai - 600 005.

4. The Addl. Chief Secretary to the Government of Tamil Nadu, Micro, Small & Medium Enterprises Department, Secretariat, Chennai - 600 009.

5. The Chairman & Managing Director, SIPCOT, 19A, Rukmani Lakshmipathy Road, Chennai - 600 008.

6. The Industries Commissioner & Director of Industries and Commerce, 36, South Canal Bank Road, Raja Annamalaipuram, Chennai - 600 028.

7. The Chairman & Managing Director, Tamil Nadu Small Industries Development Corporation Ltd., (TANSIDCO), Anna Salai, Chennai - 600 032.

... Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First and Second Respondents to pay the compensation by computing the present market value under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, for acquiring my land measuring 2400 square feet in the year 1987 at Plot No. 17, Survey No. 146/7A, Sri Lakshmi Nagar, Sirumangadu Village, Kanchipuram District which was acquired for the Fifth Respondent. For Petitioner :

Mr. R. Sreedhar For Respondents:

Mr. M. Elumalai, Government Advocate

O R D E R

Mr. M. Elumalai, Learned Government Advocate takes notice for the Respondents.

2.

Learned Government Advocate appearing for the Respondents, on instructions from the Second Respondent, states that the compensation amount of Rs.2,288/- has been kept in revenue deposit and the same has not been paid to the Petitioner. In view of the same, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to make necessary application under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, on the ground that acquisition has lapsed and he has made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that no view has been expressed by this Court on the correctness or entitlement on the merits of the claim made by the petitioner. No costs.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar vjt

To

1. The Collector, Kanchipuram, Kanchipuram District - 631 501.

2. The Special Tahsildar, SIPCOT SPR/ICK Scheme, Irungattukottai, Chennai.

3. The Addl. Chief Secretary & Commissioner, Revenue Administration, Chepauk, Chennai - 600 005.

4. The Addl. Chief Secretary to the Government of Tamil Nadu, Micro, Small & Medium Enterprises Department, Secretariat, Chennai - 600 009.

5. The Chairman & Managing Director, SIPCOT, 19A, Rukmani Lakshmipathy Road, Chennai - 600 008.

6. The Industries Commissioner & Director of Industries and Commerce, 36, South Canal Bank Road, Raja Annamalaipuram, Chennai - 600 028.

7. The Chairman & Managing Director, Tamil Nadu Small Industries Development Corporation Ltd., (TANSIDCO), Anna Salai, Chennai - 600 032.

+1cc to Mr.R. Sreedhar, Advocate SR.No.15902 +1cc to Government Pleader SR.No.16233 W.P. No. 4102 of 2020 GMY(07/05/2020)