Vimalabai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR 1.Vimalabhai 2.Pankaj 3.Priyanga Rohith .. Petitioners Vs 1.The District Collector, Villupuram District.
Villupuram.
2.The Sub Collector, Tindivanam, Villupuram District.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 1st respondent to refer the dispute as per the section 18 of the land acquisition act to the competent civil court to enhance the compensation to the land in new survey numbers 71/20B - 0.53.5, 71/1B - 1.05.5, 70/18B - 0.07.0 total extent of 1.66.0 hectares situated at Puthananthal Village, Tindivanam District, Villupuram District pursuant to the petitioner's representation dated 20.03.2023 and communication sent by the 1st respondent on 27.03.2023.
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For Petitioners : Mr.K.Krishnan For Respondents : Mr.P.Sathish Additional Government Pleader
O R D E R
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed for a direction to the 1st respondent to refer the dispute as per Section 18 of the Land Acquisition Act to the competent civil Court to enhance the compensation in respect of the lands acquired in S.Nos. 71/20B - 0.53.5, 71/1B - 1.05.5, 70/18B - 0.07.0 to a total extent of 1.66.0 hectares at Puthananthal Village, Tindivanam Taluk, Villupuram District, pursuant to the petitioners representation dated 20.03.2023.
3. Heard learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
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4. According to the petitioners, though an award was passed on 15.10.2022 in repect of the subject property, they obtained the same only on 17.02.2023 through their RTI application and immediately, they made an application to the 2nd respondent seeking enhancement of compensation on 20.03.2023. However, the said application has not been referred under Section 18 ibid. to the competent civil Court till date. Hence, the present Writ Petition.
5. On a perusal of the memo enclosed in the typed set of papers, which indicates that the award copy was made ready only on 17.03.2022 and the petitioners also made an application seeking enhancement of compensation within the period of limitation, it is for the 1st respondent to refer the matter to the competent civil Court. The said exercise shall be done by the 1st respondent, within a months' time from the date of receipt of a copy of this order.
With the above direction, this writ petition is disposed of. No costs. 05.06.2024 gya (2/2) Index : Yes/No 3/4
N.SATHISH KUMAR, J.
gya To 1.The District Collector, Villupuram District.
Villupuram.
2.The Sub Collector, Tindivanam, Villupuram District.
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