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Madras High CourtWP/7549/2024disposed of

M.Murugesan v. The Special Thasildar

2024-03-22Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Murugesan ... Petitioner versus The Special Tahsildhar, Land Acquisition, Jayankondam Lignite Power Project, Jayankondam.

... Respondent Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider the representation dated 09.12.2023.

For Petitioner :

Mr.T.Sellakannu For Respondent :

Mr.S.J.Mohamed Sathik Government Advocate Pg.Nos.1/5

O R D E R

Mr.S.J.Mohamed Sathik, learned Government Advocate accepts notice for the respondent. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, to direct the respondent to consider the representation of the petitioner dated 09.12.2023.

3. The case of the petitioner is that the parents of the petitioner is the absolute owner of the subject properties. During their life time, the subject properties were acquired by the Government for the Jeyankondam Lignite Power Project and had given less compensation for the same. Hence, the parents of the petitioner filed various LAOP cases for enhancement of compensation and the same was awarded. The further case of the petitioner is that after the demise of the petitioner's parents, the petitioner is the absolute owner of the subject properties. That being so, the said Power Project was dropped and the Government have decided to re-convey the Pg.Nos.2/5

acquired properties to the respective owners. As the possession of the said subject properties is still with the petitioner, the petitioner has given a representation dated 09.12.2023 to the respondent to re-convey the acquired land in his favour. Since there was no response from the respondent till date, the present writ petition is filed.

4. The learned Government Advocate appearing for the respondent submitted that the said representation dated 09.12.2023 would be considered on merits and in accordance with law as expeditiously as possible.

5. Heard both sides and perused the materials available on record.

6. Since this writ petition is only for a mandamus, to direct the respondent to dispose of the petitioner's representation dated 09.12.2023, this Court, without expressing any view or opinion with regard to the merits of the case, directs the respondent to consider the said representation on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as interested parties if any, within a period of three Pg.Nos.3/5

months from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

22.03.2024 Index: Yes/No Speaking Order : Yes/No ms To The Special Tahsildhar, Land Acquisition, Jayankondam Lignite Power Project, Jayankondam.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 22.03.2024 Pg.Nos.5/5