Chollah Singannah Chettys Charities v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Collah Singannah Chetty's Charities represented by its Hereditary Trustee Mr.C.Arunkumar 38/1 (Old No.118) West Raja Street, Kancheepuram - 631 502.
... Petitioner Vs.
1.The Collector, Kancheepuram District, Kancheepuram - 631 501.
2.The District Revenue Officer, Campus of the District Collector, Kancheepuram District.
Kancheepuram - 631 501.
3.The Special Tahsildar (L.A.), Madurantagam Broad Gauge Railway Line, Madurantagam - 603 306.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to refer the Award No.1/20012-13 dated 30.07.2012 made by the third respondent in respect of property bearing S.No.11 -- Hec.1.16.50 & S.No.12 -- Hec.1.62.50 in Chitherimedu Village, Block-61, Kancheepuram belonging to the petitioner trust, for the purpose of 1/4
formation of New Parallel Broad Gauge Line between Chengelpet and Arakonam, to the appropriate Court for determining the enhanced compensation amount.
For Petitioner : Mr.D.Baskar For Respondents : Mr.A.Selvendran, Special Government Pleader *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to refer the award dated 30.07.2012 made by the third respondent to the appropriate Court for determining the enhanced compensation amount.
2. Heard Mr.D.Baskar, learned counsel for petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents.
3. The case of the petitioner is that the property belonging to the trust was acquired under the Land Acquisition Act, 1984, through a notification under Section 4(1) of the Act in the year 2010. Thereafter, the award came to be passed on 30.07.2012. There was some dispute regarding the hereditary trustee position and it came to an end only in the 2/4
year 2023 and only thereafter, the compensation amount of Rs.37,28,887/- was received under protest. Immediately, thereafter, a representation was made on 20.01.2024 to the respondents seeking for reference to the competent Court for determining the enhanced compensation. Since the same was not considered, the present writ petition has been filed before this Court.
4. Taking into consideration the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the first respondent to deal with the representation made by the petitioner on 20.01.2024 on its own merits and in accordance with law and take a decision within a period of six (6) weeks from the date of receipt of a copy of this order.
This writ petition is disposed of with the above direction. No costs.
25.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J 3/4
gm To 1.The Collector, Kancheepuram District, Kancheepuram - 631 501.
2.The District Revenue Officer, Campus of the District Collector, Kancheepuram District.
Kancheepuram - 631 501.
3.The Special Tahsildar (L.A.), Madurantagam Broad Gauge Railway Line, Madurantagam - 603 306.
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