Madras High CourtWP/14188/2016disposed of

S.Rajarajan, v. Government Of Puduchery,

2016-04-18Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.14188 of 2016

1. S. Rajarajan

2. S. Balaji

3. M. Seetharaman

4. G. Santhanam

5. S. Kasthuri

6. N. Venkatesan

7. M. Venugopal

8. M. Sivakumar

9. Premakumari 10.P.Ramamurthy Naidu 11.Subburayalu 12.Vijaya 13.Dhanalakshmi 14.S.K. Balaraman 15.N. Radhakrishnan .. Petitioners Vs.

1. Government of Puduchery, Rep by its Chief Secretary, Puduchery - 605 001

2. The Collector (Revenue), Puduchery - 605 001

3. The Deputy Collector (Revenue) Special Economic Zone Project, Karasur, Villianur, Puduchery - 605 001 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents herein to refer the demand for enhancement of compensation made by the petitioners in their respective representations addressed to the third respondent, after receipt of the advance payment of 80% under Sec 17(3A) of the Land Acquisition Act, for adjudication under Section 18 of the Land Acquisition Act, with respect to their properties acquired under the Award No.2/2008 dated 25.01.2008, to a competent court of law. For Petitioners : Mr.R. Venkatajalapathy For Respondents : Mrs.D. Reena Iswarya Addl.Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

The petitioner has filed the above writ petition to issue a writ of Mandamus directing the respondents herein to refer the demand for enhancement of compensation made by the petitioners in their respective representations addressed to the third respondent, after receipt of the advance payment of 80% under Sec 17(3A) of the Land Acquisition Act, for adjudication under Section 18 of the Land Acquisition Act, with respect to their properties acquired under the Award No.2/2008 dated 25.01.2008, to a competent court of law.

2. The learned counsel for the petitioners submitted that the petitioner's had given representations dated 15.11.2006 and on subsequent dates and the respondents have not considered the same.

3. Mrs.Reena Iswarya, learned Additional Government Pleader, taking notice for the respondents, submitted that the third respondent may be directed to consider the petitioners' representations and pass orders in accordance with law within a period of eight weeks.

4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioners, without expressing any opinion with regard to the merits of the case, I direct the third respondent to consider the petitioners'

representations and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. With these observations, the writ petition is disposed of. No costs.

sr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Chief Secretary, Government of Puduchery, Puduchery - 605 001.

2. The Collector (Revenue), Puduchery - 605 001.

3. The Deputy Collector (Revenue) Special Economic Zone Project, Karasur, Villianur, Puduchery - 605 001.

+ 15 ccs to M/s.S.Kadarkarai, Advocate Sr 23995 + 1 cc to The Govt.Pleader for Puducherry, Hct, Mds. Sr 24119 KR/27/4/16 W.P.No.14188 of 2016 https://hcservices.ecourts.gov.in/hcservices/