K.Balamurugan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Balamurugan S/o Kaliyan Petitioner Vs
1. The District Collector/ Land Acquisition Officer (Project of Formation of New Broad Gauge Railway Line Between Chinna Salem and Kallkurichi) Kallakurichi, Kallakurichi District.
2.The Speical Tahsildar (L.A) Southern Railways, Kallakurichi Kallakurichi District.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st Respondent to refer the request / reference application submitted by the petitioner on 22.07.2024, 18.07.2024 and 01.08.2024 under section 8 of Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997 (Tamil Nadu Act 10/1999) R/W Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and 1/5
Resettlement Act 2013 (Act 30 of 2013) with respect to the land of the petitioner herein comprised in survey No.231/8B - 0.28.0 hectares properties situated at Emmapper village, Kallakurichi Taluk and Kallakurichi District in Award No.11 in Na.Ka.No.AA1/ 2674 / 2019 dated 20.06.2024 within a reasonable time to be fixed by this Court. For Petitioner : Mr.P.Rajavel For Respondents : Mr.A.Selvendran Special Government Pleader *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to act upon the online application submitted by the petitioner on 22.07.2024 and refer the same under Section 8 of Tamil Nadu Acquisition of Lands for Industrial Purposes Act, 1997 (Tamil Nadu Act 10/1999) r/w Section 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 (Act 30 of 2013).
2. Heard Mr.P.Rajavel, learned counsel for petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents.
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3. The lands belonging to the petitioner was acquired under the Tamil Nadu Act 10/1999. The compensation amount was also fixed in Award No.11, dated 20.06.2024 by the first respondent. The petitioner was not satisfied with the compensation that was determined and accordingly, wanted to seek for enhancement of compensation. An application was submitted in this regard on 22.07.2024 before the respondents to refer the matter to the competent Court. Since the same was not acted upon, the present writ petition has been filed.
4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the first respondent to deal with the application submitted by the petitioner on 22.07.2024 and make reference to the concerned Court within a period of four (4) weeks from the date of receipt of a copy of this order.
This writ petition is disposed of with the above direction. No costs.
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Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J gm To
1. The District Collector/ Land Acquisition Officer (Project of Formation of New Broad Gauge Railway Line Between Chinna Salem and Kallkurichi) Kallakurichi, Kallakurichi District.
2.The Speical Tahsildar (L.A) Southern Railways, Kallakurichi, Kallakurichi District.
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