K.Ellappan v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.Ellappan ... Petitioner Vs.

1.The Chairman Railway Board Government of India New Delhi.

2.The District Collector Collectorate Office Ranipet Ranipet District.

3.The Revenue Divisional Officer, Arakonam Division Ranipet District.

4.The General Manager Southern Railways Headquarters Chennai - 600 003.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd, 3rd and 4th respondents to

consider the petitioner's representation dated 27.02.2023 to fix the fair price to his land situated in Ranipet District, Arakonam TK, Melapakkam Village to an extent of 1925 Sq.meter in S.No.84/2A/2, 86/1B1, 86/1C1. For Petitioner : Mr.S.Senthil Kumar For R1 & R4 : Mr.S.Janarthanam Senior Panel Counsel For R2 & R3 : Mr.N.Naveen Kumar Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the respondent 2, 3 and 4 to consider the representation submitted by the writ petitioner on 27.02.2023 to fix fair price to the land acquired from the petitioner.

2. The learned counsel for the petitioner states that the land belonging to the petitioner was acquired for public projects. However, the compensation fixed was inadequate and therefore, the petitioner submitted a representation to fix a fair price and grant compensation accordingly.

3. The petitioner is entitled to seek enhancement of compensation under the provisions of the Land Acquisition Act. In this regard the petitioner has to approach the competent authority for adjudication and for determination of just compensation in accordance with the provisions of the Act.

4. Mere representation in this regard would be insufficient to resolve the issues. Therefore, the petitioner is at liberty to file an appropriate application / petition under the provisions of the Land Acquisition Act before the competent authorities seeking enhancement of compensation or to redress any other grievances, if exists.

5. With this liberty, this Writ Petition stands disposed of. No costs. 02.06.2023 Jeni Index : Yes Speaking order

To 1.The Chairman Railway Board Government of India New Delhi.

2.The District Collector Collectorate Office Ranipet Ranipet District.

3.The Revenue Divisional Officer, Arakonam Division Ranipet District.

4.The General Manager Southern Railways Headquarters Chennai - 600 003.

S.M.SUBRAMANIAM, J.

Jeni 02.06.2023