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Madras High CourtWP/12010/2023disposed of

T.Dinesh v. The Collector

2023-09-15Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM 1.T.Dinesh ... Petitioner in WP.No.12010 of 2023 2.R.Sangeeth ... Petitioner in WP.No.10320 of 2023 Vs.

1.The Collector, Tiruppur District, 2.District Revenue Officer, Tiruppur District Revenue Office, Tiruppur.

3.Special District Revenue Officer, (Land Acquisition), Upper Division, Collectorate, Coimbatore.

... Respondents in 2 WPs Prayer in W.P.No.12010 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, directing the respondents to call for the records of the 3rd respondent dated

31.01.2023 in Na.Ka.No.128/2022/Ni.A.2 and quash the same and to direct the 3rd respondent to re-fix the value for acquiring the petitioner's land situated at Tiruppur Village, Tiruppur District, Kangeyam Cross Road, measuring an extent of 1756 Sq.ft., along with a building, in consonance with the present market value.

Prayer in W.P.No.10320 of 2023: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, directing the respondents to call for the records of the 3rd respondent dated 31.01.2023 in Na.Ka.No.128/2022/Ni.A.2 and quash the same and to direct the 3rd respondent to re-fix the value for acquiring the petitioner's land situated at Tiruppur Village, Tiruppur District, Kangeyam Cross Road, measuring an extent of 1748 Sq.ft., along with a building, in consonance with the present market value.

For Petitioners : Ms.N.Gayathri (in 2 WPs) For Respondents : Mr.G.Krishna Raja Additional Government Pleader (in 2 WPs) COMMON ORDER The lands that belonged to the petitioners were acquired for public purposes. An award was passed by the Special District Revenue Officer / Land Acquisition Officer in a proceeding dated 31.01.2023.

2. Not satisfied with the award of compensation, the petitioners filed an objection before the District Collector on 10.02.2023. In respect of such objections, the competent authority/ District Collector has to refer the matter for adjudication before the Court concerned under Section 20 of the Land Acquisition Act.

3. In the present case, the petitioners have submitted the objections by affixing prescribed fee on 10.02.2023 and that being the factum, the District Collector is directed to refer the dispute for adjudication under the provisions of the Act within a period of four (4) weeks from the date of receipt of a copy of this order.

4. Petitioners are at liberty to adjudicate the issues on merits and in accordance with the law before the competent Authority.

5.With these directions, the Writ Petitions stand disposed of. No costs. 15.09.2023 Jeni Index : Yes Speaking order To 1.The Collector, Tiruppur District, 2.The District Revenue Officer, Tiruppur District Revenue Office, Tiruppur.

3.The Special District Revenue Officer, (Land Acquisition), Upper Division, Collectorate, Coimbatore.

S.M.SUBRAMANIAM, J.

Jeni 15.09.2023