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Madras High CourtWP/14205/2023disposed of

M.Eswaramoorthy v. The Collector

2023-06-01Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

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

1. The Collector, Tiruppur District.

2. District Revenue Officer, Tiruppur District Revenue Office, Tiruppur.

3. Land Acquisition Officer/ Special District Revenue Officer (Land Acquisition) Upper Division, Collectorate, Coimbatore.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, directing the respondents to call for the records of the 3rd Respondent dated 31.1.2023 in Na.Ka.No.128/2022/Ni.A.2(Pa.Na.Ka.27191/2010/Vu1)T.No.10/2022/Ni. A. 2 and quash the same and to direct the 3rd respondent to re-fix the value for acquiring the petitioner's land situated at Tiruppur village, Tiruppur District, Kangeyam Cross Road, measuring an extent of 3103 Sq.Ft.; along with a building, in consonance with the present market value. For Petitioner : Mr.D.Monisha 1/4

For Respondents :

(for R1 to R3) : Mr.D.Ravichander, Special Govt. Pleader

O R D E R

The land that belonged to the petitioner was acquired for public purposes. An award was passed by the Special District Revenue Officer / Land Acquisition Officer in a proceeding dated 31.01.2023. 2.Not satisfied with the award of compensation, the petitioner filed an objection before the District Collector on 30.03.2023. In respect of such objections, the competent authority/ District Collector has to refer the matter for adjudication before the Court concerned under Section 20 of the Land Acquisition Act.

3.In the present case, the petitioner has submitted the objections by affixing prescribed fee on 30.03.2023 and that being the factum, the District Collector is directed to refer the dispute for adjudication under the provisions of the Act within a period of four (4) weeks from the date of receipt of a copy of this order.

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4. Petitioner is at liberty to adjudicate the issues on merits and in accordance with law before the competent Authority. 5.With these directions, the writ petition stands disposed of. No costs.

(sha) 01.06.2023 Index : Yes Speaking Order To

1. The Collector, Tiruppur District.

2. District Revenue Officer, Tiruppur District Revenue Office, Tiruppur.

3. Land Acquisition Officer/ Special District Revenue Officer (Land Acquisition) Upper Division, Collectorate, Coimbatore.

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S.M.SUBRAMANIAM . J., (sha) 01.06.2023 4/4