Mrs.H.Jamila Ammal, v. The Sub Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM
THE HON'BLE MR.JUSTICE R. SURESH KUMAR Writ Petition No.6696 of 2018 H.Jamila Ammal ...
Petitioner -Vs1.The Sub Collector Revenue cum Land Acquisition Officer Karaikkkal.
2.The Collector, Karaikkal.
3.The Revenue Secretary Government of Puducherry ...
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 24.04.2017 seeking to pay compensation under the Act 30/2013.
For Petitioners :
Mr.Nissar Ahmed For Respondents : Mr.B.Nambichelvan Additional Government Pleader
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 24.04.2017 seeking to pay compensation under the Act 30/2013.
2. The case of the petitioner is that the petitioner's lands have been acquired for the purpose of laying road by the concerned Department and in this regard, according to the petitioner, only 80% of the compensation payable by the respondents for the land acquired from the petitioner has been paid and the remaining 20% is yet to be paid. Therefore, in order to get the remaining 20%, the petitioner has given a representation dated 24.04.2017. However, the same was not considered and nothing was forthcoming from the respondents. Therefore, the petitioner has filed this writ petition with the aforesaid prayer.
3. Mr.Nissar Ahmed, learned counsel appearing for the petitioner seeks the indulgence of this Court by reiterating https://hcservices.ecourts.gov.in/hcservices/
the aforesaid facts and he seeks a direction to the respondents to decide the representation dated 24.04.2017 on merits and in accordance with law within a time frame to be stipulated by this Court.
4. Heard Mr.Nambichelvan, learned Additional Government Pleader appearing for the respondents, who would submit that, since the representation is of the year 2017, probably it might have been disposed of. However, if it has so far not been disposed of certainly the same would be decided and an order would be passed within a time frame that may be stipulated by this Court.
5. I have considered the submissions made by the learned counsel for the petitioner as well as the learned Additional Government Pleader and have perused the materials placed on record.
6. In view of the innocuous nature of the prayer sought for by the petitioner in this writ petition and by taking into account the submissions made by the learned counsel on either side, this Court is inclined to dispose of this writ petition with the following order.
7. That there shall be a direction to the respondents to consider the representation of the petitioner dated 24.04.2017 with regard to his grievance of not receiving 20% of the compensation, which according to the petitioner is yet to be received for the land having been acquired for the road project by the respondent Department and decide the same on merits and in accordance with law, if not already decided, within a period of eight weeks from the date of receipt of a copy of this order and final orders shall be passed within the said time frame and communicate the same to the petitioner. With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar KST To 1.The Sub Collector Revenue cum Land Acquisition Officer, Karaikkkal. 2.The Collector,Karaikkal.
3.The Revenue Secretary Government of Puducherry +1cc to Mr.A.Nishar Ahamed, Advocate SR.No.22215 +1 cc to Government Pleader Pudhucherry Sr.No. 22287 W.P.No.6696 of 2018 A.SK(19.05.2021) https://hcservices.ecourts.gov.in/hcservices/