T.Murugan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No. 10801 of 2015 T.Murugan ... Petitioner -Vs1. The District Collector Kancheepuram District Kancheepuram.

2. The Special Tashildhar (Land Acquisition) 3rd Unit, Prospective Power Planning Seyyur, Kancheepuram District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to provide the amount of compensation as fixed by respondents/ Government to the petitioner on land acquisition made by the respondents for the purpose of prospective power planning, Seyyur, in the petitioner's punja land situated at No.55, Vedal Village, Patta No.77, S.No.53/2A1, measuring an extent of 305 cent (1.23.5 Hectares) out of 3.38.0 Hectares, Seyyur Taluk, Kancheepuram District. For petitioner : Mr.O.Selvam For respondents : Mr.RM.Muthukumar Government Advocate

ORDER

By consent, the Writ Petition itself is taken up for final disposal.

2. The petitioner claims that he is the absolute and exclusive owner of the punja land situated at No. 55, Vedal Village, in patta No.77, Survey No.53/2A1, ad-measuring an extent of 305 cents (1.23.5

hectares) out of 3.38.0 hectares, Seyyur Taluk, Kancheepuram District. The second respondent vide notice dated 05.09.2013 has indicated the compensation to be paid and called upon the petitionr to furnish 12 documents. According to the petitioner, he has furnished all the documents to the second respondent and inspite of it, he has not been paid with any compensation and therefore, he came forward to file this Writ Petition.

3. Mr.O.Selvam, learned counsel appearing for the petitioner would submit that since the compensation amount has not been paid, the petitioner has submitted a representation dated 06.06.2014 to both respondents in person, but, he has not been favoured with any response and hence, he prays for appropriate orders.

4. Mr.RM.Muthukumar, learned Government Advocate, who accepts notice for the respondents would submit that there appears to be some dispute between the owners of the property and that is why the compensation amount was not paid.

5. This Court after considering the rival submissions is of the view that it is suffice to direct the petitioner to submit one more representation to the first respondent by enclosing a copy of the earlier representation dated 06.06.2014 within a stipulated time and on receipt of the same, the first respondent shall pass orders on merits and in accordance with law.

6. In the result, the Writ Petition is disposed of, giving liberty to the petitioner to submit one more representation to the first respondent and along with the same, he shall enclose a copy of the earlier representation dated 06.06.2014, within a period of two weeks from the date of receipt of a copy of this order and the first respondent on receipt of the same, shall consider the same and pass orders on merits and in accordance with law as expeditiously as possible and not later than eight weeks from the date of receipt of such representation from the petitioner. This Writ Petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

paa To

1. The District Collector Kancheepuram District Kancheepuram.

2. The Special Tashildhar (Land Acquisition) 3rd Unit, Prospective Power Planning Seyyur, Kancheepuram District.

+1cc to Mr.O.Selvam, Advocate, S.R.No.20710 +1cc to the Government Pleader, S.R.No.20673 Writ Petition No. 10801 of 2015 TM(CO) CA(22/04/2015)