P.Gandhi Chettiar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2021
CORAM:
THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.8685 of 2020 P. Gandhi Chettiar ... Petitioner Vs.
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.
3. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.
4. The Tahsildar, Thiruvannamalai District, Thiruvannamalai.
5. The Secretary, Revenue Administration, Government of Tamil Nadu Secretariat, Fort St.George, Chennai - 600 009.
(R5 Suo-Motu impleaded vide order dated 28.04.2021 made in W.P.No.8685/220) ....Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to deposit the compensation amount awarded by virtue of the decree and judgment dated 27.04.2016 in L.A.O.P. No.1 of 2012 on the file of the Principal Sub judge, Tiruvannamalai.
For Petitioner : Mr.R.Rajarajan For Respondents : Mr.V.Veluchamy Government Advocate.
ORDER
The relief sought in this Writ Petition is to issue a Writ of Mandamus, to direct the respondents to deposit the compensation amount awarded by virtue of the decree and judgment dated 27.04.2016 in L.A.O.P. No.1 of 2012 on the file of the Principal Sub judge, Tiruvannamalai.
2. The petitioner is the absolute owner of 2.61.5 hectares of dry lands situated at Vengikal Village, Tiruvannamalai Taluk and Dist. Subsequently, the respondents have acquired the aforesaid land for the purpose of construction of Government Building in one Complex area. After completion of land acquisition proceedings, the respondents have also paid the compensation of Rs.2,80,001/- through an award dated 08.09.2000 in Award No.13/2000. However, the award as compensation by the respondents is very meager is far less than the market value of the land. In fact, the Tribunal has fixed the compensation for the acquired lands of other persons at Rs.63/- per sqft., Aggrieved over the same, the respondents had preferred an appeal in A.S.No.134 to 144/2015, after perusing the documents, the Tribunal has also fixed the land value at Rs.
57/- per sqft. under the Land Acquisition Act, 1894 by way of judgment and decree dated 27.04.2016. Till date, the respondents have not come forward to deposit the compensation amount fixed by the Tribunal. Therefore, the petitioner sent a representation to the respondents, after receiving the said representation by them, they have not come forward to deposit the compensation. Hence, the petitioner has approached this Court seeking for appropriate relief.
3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 19.02.2020 and dispose of the same within a stipulated time that may be framed by this Court.
4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents to consider the petitioner's representation dated 19.02.2020 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and necessary parties within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar
To
1. The District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The District Revenue Officer, Thiruvannamalai District, Thiruvannamalai.
3. The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.
4. The Tahsildar, Thiruvannamalai District, Thiruvannamalai.
5. The Secretary, Revenue Administration, Government of Tamil Nadu Sectetariat, Fort St.George, Chennai - 600 009.
+1 cc to Government Pleader Sr.NO. 54260 W.P.No.8685 of 2020 cp(CO) A.SK(30.11.2021)