S.Nisar Ahamed v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.06.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.15594 of 2022 S.Nisar Ahamed ... Petitioner Vs.
1. The District Collector, Ranipet, District Collector Office, Kellys Road, Navalpur, Tamil Nadu-632 401.
2. The Special Deputy Collector (LA), SIPCOT Panapakkam Scheme, No.18/19, Dharmarajar Koil Street, Suvalpet, Arakonam-631001.
3. The District Revenue Officer, Ranipet, District Collector Office, Kellys Road, Navalpur, Tamil Nadu-632 401.
4. The Managing Director, SIPCOT, No.19A, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to conduct the District Level Committee Meeting, pass the Award and made the payment of compensation to the petitioner for the land acquired by SIPCOT at Ranipet District, Nemili Taluk, Agavalam Village (V.No.109), Panapakkam, Unit 4, Block 11, Survey Nos.37/2A, 2C, 3 measuring 5.29.0 hectares.
For Petitioner :
Mr.S.N.Kirubanandam For Respondents R1 to R3 :
Mr.P.Sathish, Additional Government Pleader
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to conduct the District Level Committee Meeting, pass the Award and made the payment of compensation to the petitioner for the land acquired by SIPCOT.
2. The case of the petitioner is that his lands comprised in Survey Nos.37/2A, 2C, 3 were acquired by SIPCOT for Pananpakkam Industrial Park Scheme in the year 2008, however no award was passed for the said acquisition. Thereafter, the petitioner made several representations to the SIPCOT and the Government Authorities, seeking compensation for acquired lands of the petitioner and also made a complaint with regard to the delay in payment of compensation before the National Human Rights Commission (NHRC), New Delhi. Subsequently, the same was forwarded to the first respondent and enquiry was conducted, however not satisfied with the enquiry, the petitioner made representations dated 23.06.2021 and 20.07.2021 before the first respondent seeking to pass the award immediately and pay compensation for the acquired lands. However, till date no orders have been passed regarding petitioner's representation on payment of compensation. Hence, this Writ Petition is filed.
3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 23.06.2021 and 20.07.2021 within a particular time frame that may be fixed by this Court.
4. The learned Additional Government Pleader appearing for the respondents has no objection in the said order being passed.
5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's representations dated 23.06.2021 and 20.07.2021 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the petitioner and aggrieved persons, if any.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar Anu/sp To
1. The District Collector, Ranipet, District Collector Office, Kellys Road, Navalpur, Tamil Nadu-632 401.
2. The Special Deputy Collector (LA), SIPCOT Panapakkam Scheme, No.18/19, Dharmarajar Koil Street, Suvalpet, Arakonam-631001.
3. The District Revenue Officer, Ranipet, District Collector Office, Kellys Road, Navalpur, Tamil Nadu-632 401.
4. The Managing Director, SIPCOT, No.19A, Rukmani Lakshmipathy Road, Egmore, Chennai-600 008.
+1cc to Mr.S.N.Kirubanandam, Advocate, S.R.No.38660 +1cc to the Government Pleader, S.R.No.39645 W.P. No.15594 of 2022 (CO) UMA(13/07/2022)