Mrs.Rahamathul Riyaz., v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2017 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P No.14865 of 2017 Mrs. Rahamathul Riyaz ...

Petitioner Vs

1. The Sub Collector, (Revenue cum Land Acquisition Officer) Karaikkal.

2. The Revenue Secretary, Government of Puducherry Puducherry.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioner dated 04.04.2017 for his land comprised in Ward D, Block 3, T.S. No.17/2/2 extent 52 ares - 20 C at No.25, Kovilpathu Village, Karaikkal Municipality within the Sub Registration District of Karaikkal and Registration District of Puducherry seeking to declare lapse of land acquisition proceedings and in the alternative to pay compensation under the Act 30/2013.

For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : Mr.J.Kumaran Government Advocate (Puducherry)

O R D E R

This petition is filed for the issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 04.04.2017 on the ground that the entire proceedings has lapsed since the award has not been passed within two years from the date of declaration under Section 11A of the Act. Notwithstanding that, even the award has not been passed till date. Further the lands were also not utilized by the respondents. It is in these circumstances, the https://hcservices.ecourts.gov.in/hcservices/

petitioner seeks return of his property which is the subject matter of the acquisition proceedings.

2. Heard, learned counsel appearing for the respondents.

3. The petitioner is directed to file a fresh representation within four weeks from the date of receipt of a certified copy of this order, whereupon the respondents are hereby directed to consider the said representation of the petitioner's dated 04.04.2017 in accordance with law and decide the issue within eight weeks there after granting opportunity to the petitioner being heard and communicate the decision so arrived on the said representation to the petitioner forthwith.

With the above, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar ssn/mm To

1. The Sub Collector, (Revenue cum Land Acquisition Officer) Karaikkal.

2. The Revenue Secretary, Government of Puducherry Puducherry.

+1cc to Mr.N.A.Nissar Ahmed, Advocate SR.No.87919 +1cc to Government Pleader SR.No.88825 W.P No.14865 of 2017 LRS(CO) GN(10/01/2018) https://hcservices.ecourts.gov.in/hcservices/