S.Kamarudeen v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2024
CORAM
THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR W.P.Nos.9271 and 9272 of 2024 S.Kamarudeen .. Petitioner in WP.9271/2024 S.Ragpunisha .. Petitioner in WP.9272/2024 Vs 1.The District Collector Cuddalore 2.The District Collector District Collectorate Complex Villupuramm 605 602 3.The Land Acquisition Officer Special Tahsildar (LA) Tamil Nadu Housing Board Gundu Salai, Cuddalore 4.The Special Tahsildar Land Acquisition Adi Dravidar Welfare Scheme Cuddalore 5.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Villupuram Housing Board Branch East Pondy Road Maharajapuram Villupuram 605 602 .. Respondents in both WPs 1/6
W.P.No.9271 of 2024 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 4th respondent to grant compensation award amount of Rs.11,280/- with accrued interest from 1994 to till date to petitioner based on the award passed by the 3rd respondent in Award No.7/1994 dated 03.09.1994 in respect of land acquisition for Tamil Nadu Housing Board of petitioner property in S.No.43/2B Jayaraj Nagar, Plot No.38, 2580 sq.ft., Salamedu Village, Villupuram District, pursuant to representation of petitioner dated 31.05.2023 within the stipulated time as prescribed by this Hon'ble Court.
W.P.No.9272 of 2024 filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 4th respondent to grant compensation award amount of Rs.10,039/- with accrued interest from 1994 to till date to petitioner based on the award passed by the 3rd respondent in Award No.7/1994 dated 03.09.1994 in respect of land acquisition for Tamil Nadu Housing Board of petitioner property in S.No.43/2B Jayaraj Nagar, Plot No.37, 2535 sq.ft., Salamedu Village, Villupuram District, pursuant to representation of petitioner dated 31.05.2023 within the stipulated time as prescribed by this Hon'ble Court.
For Petitioners in both WPs : Mr.P.Kannan For R1 to R4 in both WPs : Mr.S.Jayachandran Government Advocate For R5 in both WPs : Mr.C.Kalaichelvan 2/6
C O M M O N O R D E R These writ petitions have been filed for a direction to the 4th respondent to grant compensation to the petitioners, based on the award dated 03.09.1994 passed in No.7/1994, by disposing of the petitioners' representations dated 31.05.2023.
2. Heard both sides and perused the materials placed on record.
3. The case of the petitioners is that the subject properties were purchased by them in the year 1986; to construct houses in the said properties, they applied for NOC to the Managing Director, TNHB and the same were rejected stating that the lands were acquired by TNHB and an award was passed in the year 1994; yet, since no compensation was paid to them, they submitted their representations dated 31.05.2023; since no action has been taken by the respondents on the said representations, the petitioners have filed the present writ petitions.
4. Considering the limited scope of the relief sought by the petitioners, without going into the merits of the case, this Court directs the respondents to 3/6
dispose of the petitioners' representations dated 31.05.2023 and pass orders on the same on their own merits and in accordance with law, within a month's time from the date of receipt of a copy of this order. With the above direction, these writ petitions are disposed of. No costs.
26.06.2024 gya Index : Yes/No 4/6
To 1.The District Collector Cuddalore 2.The District Collector District Collectorate Complex Villupuramm 605 602 3.The Land Acquisition Officer Special Tahsildar (LA) Tamil Nadu Housing Board Gundu Salai, Cuddalore 4.The Special Tahsildar Land Acquisition Adi Dravidar Welfare Scheme Cuddalore 5.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Villupuram Housing Board Branch East Pondy Road Maharajapuram Villupuram 605 602 5/6
N.SATHISH KUMAR, J.
gya 26.06.2024 6/6