B.M.D.Sankar Sah v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN of 2024 and W.M.P. No.8744 of 2024
1. B.M.D. Sankar Sah
2. B.M.D. Kabalieswar Sah
3. B.M.D.Sundar Sah ... Petitioners Vs.
1. The District Collector Thiruvannamalai District Thiruvannamalai
2. The Special Tahsildar Land Acquisition Office SIPCOT Extension Unit No.8, Cheyyar, Thiruvannamalai District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Writ of Mandamus directing the respondents herein to refer the draft Award dated 03.05.2022, by considering the petitioner's representations dated 08.04.2022 and 25.07.2023, pending on the file of the respondents herein, in accordance with law and on merits within a time frame as this Court may fix.
1/6
For Petitioners : Mr.S.Prabhu For Respondents : Mr.T.Arun Kumar Additional Government Pleader
ORDER
This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents herein to refer the draft Award dated 03.05.2022, by considering the petitioner's representations dated 08.04.2022 and 25.07.2023, pending on the file of the respondents herein, in accordance with law and on merits, within a time frame as may be fixed by this Court.
2. When the matter came up before this Court on 26.03.2024, this Court had directed the Additional Government Pleader to furnish the particulars regarding payment of compensation as well as the reference to the Court and that the 2nd respondent/Special Tahsildar was directed to appear before this Court on 27.03.2024.
2/6
3. Accordingly, today (27.03.2024), Mr.S.Sudhakar, Special Tahsildar (LA) (SIPCOT) Cheyyar, Unit-3, Tiruvannamalai District, appeared before this Court and produced the particulars regarding the deposit of amount before the Civil Court. However, they have not produced any material to show that the matter was reffered to the Civil Court for enhancement of compensation. Therefore, the petitioner is at liberty to work out his remedy before the Civil Court for receiving the amount.
4. Further, the 1st respondent is directed to refer the representations of the petitioner to the Civil Court for enhancement of compensation, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is disposed of. No costs.
3/6
6. The connected Miscellaneous Petition is ordered subject to payment of separate Court fee by each of the Writ Petitioners.
7. The appearance of the 2nd respondent is dispensed with. 27.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 4/6
To
1. The District Collector Thiruvannamalai District Thiruvannamalai
2. The Special Tahsildar Land Acquisition Office SIPCOT Extension Unit No.8, Cheyyar, Thiruvannamalai District 5/6
P.VELMURUGAN. J.
Ksa-2 W.P. No.7809 of 2024 27.03.2024 6/6