K.S.Lalitha v. The District Collector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2018 CORAM :
THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.No.15856 of 2017 K.S.Lalitha ...
Petitioner Vs
1. The District Collector of Kancheepuram, Collectorate Office, Kancheepuram Post and District.
2. Special Tahsildar (SIPCOT), Sriperumbudur Post, Kancheepuram District.
3. The Special Tahsildar (L.A.), Sriperumbudur Scheme, SIPCOT, Unit No.6, No.37, 2nd Floor, Bangalore High Road, Sriperumbudur, Kancheepuram.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 19.07.2016, 21.07.2016 and 29.08.2016 forwarded on 28.09.2016 from the Chief Minister Cell and to pass orders considering the enhanced compensation paid to the owners of the neighbouring lands at Sirumangadu Village acquired by the SIPCOT within a reasonable time that may be stipulated by this Court. For Petitioner : Mr.V.Venkatesan for Mr.V.Raghupathi For Respondents : Mr.Akhil Akbar Ali Additional Government Pleader
ORDER
The petitioner states that she was the owner of the property in S.Nos.180/1 and 180/3 of Sirumangadu Village, Sriperumbudur
Taluk and the same was acquired under the provisions of the Land Acquisition Act, 1894 (for brevity 'Act') for formation of an Industrial Estate and an award too had been passed in 20002001. Subsequently, many land owners have sought a Reference under Section 18 of the Act and they were all taken on file by the Sub-Court, Tiruvallur, in a batch of 152 cases in L.A.O.P.No.213 of 2004. By a common award passed by the said Court dated 18.06.2006, compensation amount was enhanced by the concerned sub-court. On 09-12-2006, the petitioner had made a representation before the Collector for extending parity in the matter for payment of compensation under Sec. 28-A of Act. As no order was passed on her representation, she has come forward with this present petition before this Court seeking issuance of writ of mandamus directing the Collector / 1st respondent to consider her representation.
2. The learned counsel for the petitioner made a statement consistent with the affidavit of the petitioner and typed set of papers that accompany the said affidavit.
3. Mr.Akhil Akbar Ali, learned Government Advocate enters appearance for the respondents.
4. The learned Government Advocate made a statement on instruction that the petitioner's representation dated 09.12.2006 and subsequent representations are available on record and submitted that there appeared to be some inadvertent mistake/oversight in the matter of attending to the said representations. The statement of the learned Government Advocate is recorded.
5. This Court, therefore directs the 1st respondent / The District Collector, to dispose of the petitioner's representation dated 09.12.2006 under Sec. 28A of the Land Acquisition Act, within a period of six weeks from the date of receipt of a copy of this order.
6. Accordingly, this petition is disposed of with above directions. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar
ssn To
1. The District Collector of Kancheepuram, Collectorate Office, Kancheepuram Post and District.
2. Special Tahsildar (SIPCOT), Sriperumbudur Post, Kancheepuram District.
3. The Special Tahsildar (L.A.), Sriperumbudur Scheme, SIPCOT, Unit No.6, No.37, 2nd Floor, Bangalore High Road, Sriperumbudur, Kancheepuram.
+1cc to Mr.V.Raghupathi, Advocate SR.NO.18756 +1cc to Government Pleader SR.No.20926 BR(CO) sm:20.4.2018 W.P.No.15856 of 2017