B.Chandrababu v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. NO.6003 OF 2022 B.Chandrababu ... Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its Secretary, Backward and Most Backward Welfare Department, Fort St.George, Chennai-600 005.

2. The Director, Backward and Most Backward Directorate Welfare, Chepauk, Chennai-600 005.

3. The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai-600 001.

4. The District Backward and Minority Welfare Office, in the office of the Collectorate of Chennai, Singaravelar Maligarai, Rajaji Salai, Chennai-600 001.

5. The Special Tahsildhar, Adidravidar Welfare, Ponneri Division, Ponneri, Tiruvallur District-601 204.

... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the compensation amount to the petitioner for the lands acquired in the year 1991 as recommended by the

Tahsildhar in his Letter dated 10.11.2020 to the second respondent and by letter dated 22.01.2021 to the District Collector and as per the representation made by the petitioner on 18.02.2022 to the respondents.

For Petitioner : Mr.V.Chandrakanthan For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to pay the compensation amount to the petitioner for the lands acquired in the year 1991 as recommended by the Tahsildhar in his Letter dated 10.11.2020, to the second respondent and by letter dated 22.01.2021, to the District Collector and as per the representation made by the petitioner on 18.02.2022, to the respondents.

2. The learned Additional Government Pleader takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of 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's property was acquired under the Land Acquisition Act, 1894, in the year 1991. Thereby, the 5th respondent fixed compensation under Section 18 of the Land Acquisition Act, 1894. Not satisfied with the fixed compensation, petitioner made representation before the District Collector, for enhancement of the compensation and the same was forwarded to the 2nd respondent by the 5th respondent. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issue direction to the 2nd respondent to pass orders on the letter of the 5th respondent, dated 10.11.2020 and petitioner's representation dated 18.02.2022 within the time frame that may be stipulated by this Court.

5. The learned Additional Government Pleader appearing on behalf of the official respondent submitted that the petitioner's representation dated 18.02.2022 will be considered by the 2nd respondent within a reasonable time that may be fixed by this Court.

6. This Court, Without going into the merits of the case, directs the 2nd respondent is directed to consider the petitioner's representation dated 18.02.2022 and pass appropriate orders on the representation letter of the 5th respondent, and in accordance with law, after affording an opportunity to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Psa To

1. The Secretary, The Government of Tamil Nadu, Backward and Most Backward Welfare Department, Fort St.George, Chennai-600 005.

2. The Director, Backward and Most Backward Directorate Welfare, Chepauk, Chennai-600 005.

3. The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai-600 001.

4. The District Backward and Minority Welfare Office, in the office of the Collectorate of Chennai, Singaravelar Maligarai, Rajaji Salai, Chennai-600 001.

5. The Special Tahsildhar, Adidravidar Welfare, Ponneri Division, Ponneri, Tiruvallur District-601 204.

+1cc to Mr.V.Chandrakanthan, Advocate, S.R.No.17605 +1cc to the Government Pleader, S.R.No.18140 W.P. No.6003 of 2022 KK(CO) PM/05/04/2022