K.Sagadevan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R. MAHADEVAN W.P.No.13283 of 2021 K. Sagadevan .. Petitioner Vs.

1. The District Collector, Collector Office, Kancheepuram District, Kancheepuram.

2. The Special Tahsildar, SIPCOT Unit 3, Oragadam Expansion Scheme, Sriperumbudur, Kancheepuram District.

3. The Sub-Registrar, Sub Registrar Office, Walajabad, Kancheepuram District.

.. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents 1 and 2 not to disturb the petitioner's possession and enjoyment of 60 cents land in Survey No.100/3 in Chennakuppam Village, Sriperumbudur Taluk, Kancheepuram District on his representation dated 07.04.2021.

For Petitioner : Mr. S. Radhakrishnan For Respondents: Mr. Stalin Abimanyu, Govt. Advocate for R1 to R3

O R D E R

The petitioner has come up with this Writ Petition seeking a direction to the respondents 1 and 2 not to disturb his possession and enjoyment of the land measuring to an extent of 60 cents situated in Survey No.100/3, Chennakuppam Village, Sriperumbudur Taluk, Kancheepuram District, based on his representation dated 07.04.2021.

2. It is the grievance of the petitioner that he has been in possession and enjoyment of the subject land by cultivating the same till now. Recently, he came to know through Encumbrance Certificate dated 18.02.2021 that the said land was acquired by the 2nd respondent / SIPCOT, for which, no compensation was paid to the petitioner. Hence, he sent a representation dated 07.04.2021 to the respondents not to disturb his possession and enjoyment over the said land. Finding no response on the same, the petitioner has filed the present writ petition for the aforesaid relief.

3. Though the petitioner sought a specific direction to the respondents not to disturb his possession over the subject land, the learned counsel appearing for the petitioner, during the course of hearing, submitted that it would suffice, if a direction is issued to the respondent authorities to consider his representation dated 07.04.2021, for which, the learned Government Advocate taking notice for the respondents has no serious objection.

4. Having regard to the limited relief now sought by the learned counsel appearing for the petitioner, which has not been seriously opposed on the side of the respondents, this Court directs the respondent authorities to consider the representation of the petitioner dated 07.04.2021 and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of hearing to the petitioner as well as any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar msr To

1. The District Collector, Collector Office, Kancheepuram District, Kancheepuram.

2. The Special Tahsildar, SIPCOT Unit 3, Oragadam Expansion Scheme, Sriperumbudur, Kancheepuram District.

3. The Sub-Registrar, Sub Registrar Office, Walajabad, Kancheepuram District.

+1cc to Mr.S. Radhakrishnan, Advocate SR.No.29362 +1cc to Government Pleader SR.No.29742 W.P.No.13283 of 2021 SPD(CO) GMY(06/08/2021)