K.Thamotharan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR K.Thamotharan .. Petitioner

Versus

1.The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional officer, Revenue Divisional Office, Krishnagiri.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to consider representation dated 21.02.2022 sent by the petitioner, seeking to pay enhancement of compensation payable to him by duly calculating amounts payable, paid and the balance due also compensation for left over trees and take immediate steps as per law to dispose of the petitioner's representation within a date to be specified by this Court.

For Petitioner : Mr.S.Ramesh For Respondents : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the second respondent to consider representation dated 21.02.2022 sent by the petitioner seeking to pay enhanced compensation payable to him for left over trees and to dispose of the representation of the petitioner within a date specified by this Court.

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the writ petitioner is that the land of the petitioner has been acquired by the second respondent for a scheme of excavation of supply canal from Barur Tank East Main Canal to feed 33 tanks in Pochampalli and Uthangaral Taluks and after direct negotiation compensation amount has been received by the petitioner and sale deed has also been executed on 25.03.2021. It is the grievance of the petitioner that while paying compensation, some of the trees in the land of the petitioner have not been taken into account. In this 2/4

regard, the petitioner has given a representation to the second respondent and the same has not been considered till date. Hence, the present Writ Petition.

5. It appears from the records that the land of the has been acquired by the Public Works Department after private negotiations and the petitioner has received the compensation and sale deed has also been executed on 25.03.2021. In such view of the matter, there is no scope for enhancement of compensation and giving a direction to the second respondent to consider the representation of the petitioner is nothing but a futile exercise.

6. Accordingly, this Writ Petition is dismissed of. No costs. 10.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To, 1.The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional officer, Revenue Divisional Office, Krishnagiri.

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N. SATHISH KUMAR , J.

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