R.Marappan v. The Special District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2022 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.8445 OF 2022 AND W.M.P.NO.8390 OF 2022 R. Marappan ... Petitioner Vs

1. The Special District Revenue Officer, Land Acquisition Coimbatore Airport Extension Office Coimbatore Collectorate old building 2nd floor, Coimbatore 641 018.

2. The Tahsildar Land Acquisition-Irugur Village, Coimbatore Airport Extension Office Coimbatore Collectorate old building 2nd floor, Coimbatore 641 018.

3. A.Sivagami,

4. K.Senthil Kumar,

5. Ruthira Moorthy,

6. K.B.Boopathy,

7. K.Santhamani

8. A.Ponnian @ Ponnusamy

9. Nanjappan 10.Lakshmi 11.P.Saraswathy 12.S. Velumani

13. K. Mani ... Respondents PRAYER :

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 26.03.2022.

For Petitioner ... Mr.K. Senthil Kumar For Respondents ... Mr. V. Veluchamy, Additional Government Pleader

O R D E R

The present petition has been filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 26.03.2022.

2. Mr. V. Veluchamy, learned Additional Government Pleader takes notice for respondents 1 & 2.

3. Since, no adverse order is being passed against the private respondents, notice to respondents 3 to 13 is dispensed with.

4. It is the case of the petitioner that the petitioner is the absolute owner of the property situated in Survey No.293-IA measuring about 2.85 acres of land in Irugur Village, Sulur Taluk, Coimbatore. Due to a civil dispute between the petitioner and the private respondents, a suit in O.S.No.550 of 2011 was filed and the same was dismissed, against which an appeal was filed before this Court in A.S.No.543 of 2018. When the same was pending, the said property was acquired by the Airport Authority of India for expansion of Coimbatore Airport. The respondents 3 to 7 have withdrawn the said appeal and made a fresh application for receiving the compensation before the said Authority.

Objecting the same, the petitioner made an application before the 1st respondent. However, till date, the same has not been considered. Hence, the present petition has been filed seeking the aforesaid relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 1st respondent to dispose of the representation made by the petitioner within the time stipulated by this Court.

6. Learned Additional Government Pleader appearing for respondents 1 & 2 has no objection to the said order being passed.

7. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the 1st respondent to consider the representation dated 26.03.2022 made by the petitioner and pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as respondents 3 to 13, within a period of twelve weeks from the date of receipt of a copy of this order.

8. Accordingly, this Writ Petition is disposed with the aforesaid direction. No Costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar NHS To 1.

The Special District Revenue Officer, Land Acquisition Coimbatore Airport Extension Office Coimbatore Collectorate old building 2nd floor, Coimbatore 641 018.

2.

The Tahsildar Land Acquisition-Irugur Village, Coimbatore Airport Extension Office Coimbatore Collectorate old building 2nd floor, Coimbatore 641 018.

+1cc to Mr.K. Senthil Kumar, Advocate, S.R.No.23517 +1cc to the Government Pleader, S.R.No.23818 W.P.No.8445 of 2022 NK(CO) PM/27/04/2022