S.Vanathi v. The Chief Engineer (Water Resources Organization)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.04.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Vanathi ... Petitioner Vs
1. The Chief Engineer (Water Resources Organization) Public Works Department, Chepauk, Chennai-600005.
2. The Executive Engineer, Department of Water Resources, Cauvery Basin Division, Thanjavur-613009.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus or any other writ, order, direction in the nature of writ directing the 2nd respondent herein to pay the appropriate compensation to the petitioner's agricultural lands after assessing the adjacent agricultural lands of the petitioner as per the petitioner's representation dated 23.03.2023.
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For Petitioner ... M/s.M.Prabavathy For Respondents ... Mr.E.Veda Bagath Singh, Special Government Pleader.
O R D E R
This Writ Petition has been filed for a direction to the 2nd respondent to pay the compensation amount o the petitioner's agricultural lands
2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for Respondents.
3. The petitioner claims that she is the owner of agricultural land admeasuring 15 cents in Survey No.38/6 at Kadalangudi village, Thiruvarur District. She alleges that the 2nd respondent, without any prior notice, has constructed a barrier wall in her agricultural land. Hence, she approached the 2nd respondent to issue compensation for the illegal construction of barrier wall in the petitioner's agricultural land. Since no action has been taken by the 2nd respondent, the petitioner has sent a representation dated 23.03.2023 to the 1st respondent to consider the grievance of the petitioner to pay compensation which has not been considered till date. Hence, this Writ Petition. Page No:2/6
4. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation made on 23.03.2023 seeking to pay the compensation amount to the petitioner towards the losses incurred due to construction of barrier wall in the petitioner's agricultural land within the time that may be stipulated by this Court.
5. On the above contention, this Court heard the learned Special Government Pleader appearing for the respondents.
6. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent herein to consider the petitioner's representation dated 23.03.2023 seeking to pay the compensation amount to the petitioner towards the losses incurred due to construction of barrier wall in the petitioner's agricultural land and pass appropriate orders on merits within a period of four weeks from the date of receipt of a copy of this order.
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7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. 24.04.2023 NHS Index:Yes/No Internet:Yes Page No:4/6
To
1. The Chief Engineer (Water Resources Organization) Public Works Department, Chepauk, Chennai-600005.
2. The Executive Engineer, Department of Water Resources, Cauvery Basin Division, Thanjavur-613009.
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M.DHANDAPANI, J NHS 24.04.2023 Page No:6/6