Athikesavan v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 28.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.16240 of 2016 1 Athikesavan 2 Pathammal 3 Chandra 4 Muniyammal 5 Pappammal 6 Archanadevi 7 Kasturi 8 Sengammal 9 Anandammal [ PETITIONERS ] Vs 1 State of Tamil Nadu Rep by its Secretary to Government Public Works Department Secretariat, Fort St. George Chennai-600 009 2 The Commissioner of Land Administration Ezhilagam, Chepauk Chennai- 600 005.

3 The District Collector Thiruvallur District, Thiruvallur 4 The Unit Special Thasildar((LA1) Gummidipoondi Taluk Thiruvallur District.

[ RESPONDENTS ] Prayer : This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the respondent to consider the representation dated 24.12.2014 to furnish the copy of award and disperse the compensation to the petitioners by fixing a time limit.

For Petitioners : Mr.M.Gnanasekar For Respondents : Mr.R.M.Muthukumar Government Advocate

O R D E R

Heard Mr.M.Gnanasekar, learned counsel appearing for the petitioners and Mr.R.M.Muthukumar, learned Government Advocate appearing for the respondents. By consent of the learned counsel on either side, the Writ Petition is taken up for final disposal.

2.The petitioners in this Writ Petition, sought for a direction upon the respondents to consider their representation and to furnish copy of the award, fixing compensation for the lands which have been acquired.

3.From the representation dated 24.12.2015, it is seen that the same has been given by the general public of the Kannan Kottai village. Though the representation contains their signatures, the same does not specifically refer to the survey number of each of the persons who have signed the representation and the basis on which they claim compensation. A reading of the representation it prima facie appears that the lands were 'manavari' lands and has been acquired for a public purpose viz. Kannan Kottai - Thervoy Kandigai Reservior Scheme. 4.Therefore, unless and until the petitioners establish that they are the land owners, by producing necessary documents and appearing before the fourth respondent individually, the fourth respondent shall not be in a position to verify the facts. 5.

Therefore, there will be a direction to the petitioners to submit individual representation along with the copies of documents such as patta, sale deed etc., and present the same before the fourth respondent and if the same is done, the fourth respondent after verifying the contents, consider their representations and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of the individual representation.

The Writ Petition is disposed of with the above observations. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

To 1 The Secretary to Government, Public Works Department, Secretariat, Fort St. George, Chennai-600 009.

2 The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai- 600 005.

3 The District Collector, Thiruvallur District, Thiruvallur.

4 The Unit Special Thasildar((LA1), Gummidipoondi Taluk, Thiruvallur District.

+1cc to Mr.M.Gnanasekar, Advocate Sr.26739 +1cc to the Government Pleader Sr.27397 W.P.No.16240 of 2016 sv(CO) srg(12/05/2016)