Devendran v. The Principal Secretary Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Devendran ... Petitioner Vs.

1.The Principal Secretary Government, Industries Department, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2.The District Collector, Thiruvallur District.

3.The Special Tahsildar, Aromatic Complex, Saidapet, Chennai - 15.

4.The Managing Director, Spic Petroleum, Spic Centre, Mount Road, Chennai - 32.

5.The Advisor, Arocem, No.98, Mount Road, Guindy, Chennai - 32.

6.The Managing Director, Tamil Nadu Industrial Development Corporation, No.19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

... Respondents [R6 suo motu impleaded vide order dated 28.07.2023] Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation dated 28.03.2022 under Section 18(1) of the Land Acquisition Act to the competent authority for the enhanced compensation.

For Petitioner : Mrs.D.Malarvizhi For R1 to R3 : Mr.P.Sanjay Gandhi Government Advocate

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents to consider the representation dated 28.03.2022 under Section 18(1) of the Land Acquisition Act to the competent authority for the enhanced compensation.

2. It is not in dispute that the land belonged to the petitioner was acquired for industrial purposes and an award was passed and compensation was determined. The petitioner thereafter, filed an application for enhancement of compensation under Section 18(1) of the Land Acquisition Act and the said application is yet to be considered by the authorities for adjudication before the competent court.

3. In view of the fact that the petitioner has already submitted an application on 28.03.2022, the respondents are directed to refer the petition filed by the petitioner before the appropriate competent court within a period of two (2) weeks from the date of receipt of a copy of this order.

4. With this direction, the Writ Petition stands disposed of. No costs. 23.08.2023 skr Index : Yes Speaking order To 1.The Principal Secretary to Government, Industries Department, Government of Tamil Nadu, Fort St.George, Chennai - 9.

2.The District Collector, Thiruvallur District.

3.The Special Tahsildar, Aromatic Complex, Saidapet, Chennai - 15.

4.The Managing Director, Spic Petroleum, Spic Centre, Mount Road, Chennai - 32.

S.M.SUBRAMANIAM, J.

skr 5.The Advisor, Arocem, No.98, Mount Road, Guindy, Chennai - 32.

6.The Managing Director, Tamil Nadu Industrial Development Corporation, No.19-A, Rukmani Lakshmipathy Road, Egmore, Chennai - 600 008.

23.08.2023