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Madras High CourtWP/15977/2023disposed of

Sarojini v. The Principal Secretary To Government,

2023-06-07Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.15977 of 2023

1. Mrs.Sarojini

2. Mr.Somasundaram

3. Mr.M.Balasubramani

4. Mrs.M.Amutha

5. Mrs.M.Pushpa

6. Mrs.M.Parimala ... Petitioners -Vs1. The Principal Secretary to Government, Higher Education Department, St.George Fort, Chennai - 600 009.

2. The District Collector, Coimbatore District, Coimbatore - 641 018.

3. The Special Tahsildar, Land Acquisition, Unit No.IV, Bharathiyar University, Collectorate, Coimbatore - 641 018.

4. The Registrar, Bharathiyar University, Coimbatore - 641 046.

... Respondents 1/5

Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to consider the petitioners' representation dated 27.12.2022 and pay the enhanced compensation on part with the compensation decided for the adjoining lands, with all consequential benefits.

For Petitioners [in all W.Ps.] : Mr.S.Gopinathan For Respondents [in all W.Ps.] : Mr.D.Ravichander Special Government Pleader [R1 to R3] Mr.C.Vigneswaran [R4] COMMON ORDER The relief sought for in these writ petitions is to direct the respondents to consider the representation submitted by the petitioners on 27.12.2022 seeking enhanced compensation on par with the compensation decided for the adjoining lands with all consequential benefits.

2. The grievance of the writ petitioners is that the compensation was enhanced in respect of the owners of the adjoining lands and in this regard, the petitioners submitted a representation on 27.12.2022. The 2/5

said representation is yet to be considered and thus, the writ petitioners are constrained to move the present writ petitions.

3. Learned Special Government Pleader appearing on behalf of the respondents 1 to 3 made a submission that the application seeking enhancement of compensation was made beyond the limitation period and therefore, it cannot be considered.

4. In reply, the learned counsel for the petitioners stated that the applications seeking enhancement of compensation was submitted within a period of 60 days as contemplated under the provisions of the act and therefore, the Authorities are bound to decide the applications on merits.

5. In view of the facts and circumstances, the second and third respondents are directed to verify whether the applications seeking enhancement are filed within the prescribed time as contemplated under the Act and accordingly, decide the same on merits and in accordance with law by affording an opportunity to all the parties and as expeditiously as possible.

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Accordingly, all the writ petitions are disposed of. No costs. 07.06.2023 Index : Yes Speaking order: Yes mp To

1. The Principal Secretary to Government, Higher Education Department, St.George Fort, Chennai - 600 009.

2. The District Collector, Coimbatore District, Coimbatore - 641 018.

3. The Special Tahsildar, Land Acquisition, Unit No.IV, Bharathiyar University, Collectorate, Coimbatore - 641 018.

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S.M.SUBRAMANIAM, J.

mp Writ Petition Nos.15977 , 15979, 15980 to 15983, 15985 to 15989,15991 to 15993 of 2023 07.06.2023 5/5