Babyammal v. The Land Reforms Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2015 CORAM :

THE HON'BLE MR.JUSTICE D.HARIPARANTHAMAN WRIT PETITION NO.10574 OF 2015 and M.P.No.1 of 2015

1. Babyammal 2.G.Jothilingam 3.N.Tulasi 4.G.Basker 5.G.Tenarasu 6.G.Narendharan 7.G.Manivannan ... Petitioners Vs.

1. The Land Reforms Commissioner, Chepauk, Chennai - 600 005.

2. The Assistant Commissioner, Urban Land Ceiling, No.5, Sugandhi Street, Poonamallee, Chennai - 600 055.

... Respondents Prayer :

Writ Petition, filed under Article 226 of the Constitution of India seeking for issuance of Writ of Mandamus, directing the respondent No.2, to dispose of the representation on 05.03.2015, for purpose of paying compensation for land acquired under Section 12 of the Tamil Nadu Urban Land Ceiling Act in S.No.68/2, measuring an extent of 3800 sq.mts (0.38.8 hectare) S.No.68/3A, 500 sq.mts (0.05.0 hectare) S.No.68/3B 700 sq.mts (O.12.0 hectare) and S.No.69/1 3500 sq.mtrs (0.35.0 hectare) of a total extent of land, measuring 8,500 sq.mtrs or 2 acre 40 cents, whereby, 500 sq.mtrs or 5400 sq.ft. were exempted from Urban Land Ceiling proceedings at No.16, Karunakaracheri Village, Thiruvallur District. For Petitioner : Mr.David Tyagaraj For Respondents : Mr.V.Subbiah Special Government Pleader

ORDER

By consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.

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2.

The prayer in the Writ Petition is for issuance of Writ, in the nature of Mandamus, directing the respondent No.2, to dispose of the petitioners' representation, dated 05.03.2015, made for payment of compensation for the lands acquired under the Tamil Nadu Urban Land Ceiling Act.

3.

The case of the petitioners, as stated in the affidavit, filed in support of this Writ Petition, in short, is that the lands belonging to them were acquired under the said Act. But so far, they have not received any compensation for the said acquisition. Even the representation, dated 05.03.2015, made by the petitioners in this regard to the second respondent through post, evoked no response. Hence, the petitioners are left with no other alternative, except to approach this Court by way of present Writ Petition seeking for the relief, as stated above. 4.

Heard both sides.

5.

In view of the above facts and circumstances of the case, this Writ Petition is disposed of, by directing the second respondent to dispose of the petitioners' representation, dated 05.03.2015, within a period of six weeks from the date of receipt a copy of this order. No costs. Consequently, connected M.P. is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sd To

1. The Land Reforms Commissioner, Chepauk, Chennai - 600 005.

2. The Assistant Commissioner, Urban Land Ceiling, No.5, Sugandhi Street, Poonamallee, Chennai - 600 055.

+ 2 ccs to Mr.David Tyagaraj, Advocate SR.20299 + 1 cc Government Pleader Sr.20696 TEJ(CO) EU 18.05.2015 Writ Petition No.10574 of 2015 https://hcservices.ecourts.gov.in/hcservices/