S.D.Kathavarayan v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5168 of 2022 W.M.P.No.5272 of 2022 S.D.Kathavarayan ... Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram.

2. Superintending Engineer, Public Works Department, Water Resource Organisation, Vellar Basin Circle, Cuddalore - 607 001.

3. Executive Engineer, Public Works Department, Water Resource Organisation, Vellar Basin Circle, Viruthachalam - 606 001.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner representation dated 20.01.2021 and 08.04.2021 and pay the compensation amount for 23 cents of land comprised in S.Nos.96/5c3, S.Methupalayam village, Villupuram Taluk and District as per Right to Fair Compensation and Transparency in Land Acquision, Rehabilitation and Resettlement Act, 2013.

For petitioner : Mr.N.Krishna Kumar For Respondents : Mr.M.Muthusamy Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the respondents to consider the petitioner representation dated 20.01.2021 and 08.04.2021 and pay the compensation amount for 23 cents of land comprised in S.Nos.96/5c3, S.Methupalayam village, Villupuram Taluk and District as per Right to Fair Compensation and Transparency in Land Acquision, Rehabilitation and Resettlement Act, 2013.

2. Mr.M.Muthusamy, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property comprised in Survey.No.96/5c3, measuring an extent of 23 cents, situated at S.Metupalayam Village, Vilupuram Taluk and District. The said land was acquired by second and third respondents for construction of bridge, without any acquisition proceedings. However, the compensation amount was not paid to the petitioner. Hence, the petitioner made a representation dated 20.01.2021 and 08.04.2021 to the respondents seeking compensation for the above said land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 20.01.2021 and 08.04.2021 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 20.01.2021 and 08.04.2021 will be considered by the respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 20.01.2021 and 08.04.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar

tri/anu To

1. The District Collector, Villupuram District, Villupuram.

2. The Superintending Engineer, Public Works Department, Water Resource Organisation, Vellar Basin Circle, Cuddalore - 607 001.

3. The Executive Engineer, Public Works Department, Water Resource Organisation, Vellar Basin Circle, Viruthachalam - 606 001.

+1cc to Mr.N.Krishna Kumar, Advocate, S.R.No.15705 +1cc to the Government Pleader, S.R.No.16238 W.P.No.5168 of 2022 & W.M.P.No.5272 of 2022 AJS(CO) CT 24/03/2022