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Madras High CourtWP/26196/2017disposed of

C.Subbuthai, v. The District Collector,

2017-10-06Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.26196 of 2017 C.Subbuthai ... Petitioner vs.

1.The District Collector Kancheepuram Kancheepuram District.

2.The Deputy Collector (LA) Ultra Mega Power Project Cheyyur, Kancheepuram.

3.The District Revenue Officer Ultra Mega Power Project Cheyyur, Kancheepuram.

4.The Special Thasildar (LA) Unit-II, Ultra Mega Power Project Cheyyur, Kancheepuram.

... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to make reference to the Court for enhancement of the Compensation for the acquisition of lands admeasuring 1.49.0 Hectares at S.No.246/3 and 4 Chitirakaddu Village, Cheyyur, Kancheepuram by considering her representation dt.01.09.2017. For Petitioner : Mr.G.Rajan For Respondents : Mr.A.Kumar Special Government Pleader, for R1 to R4

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus, directing the respondents to make reference to the Court for enhancement of the compensation for the acquisition of lands admeasuring 1.49.0 Hectares at S.No.246/3 and 4 Chitirakaddu Village, Cheyyur, Kancheepuram by considering her representation dated 01.09.2017.

3. Heard both sides.

4. By way of the said representation dated 01.09.2017, the petitioner seeks for reference to the Court for enhancement of the compensation in respect of the land acquired under the Tamil Nadu Acquisition of Land for Industrial Purpose Act 1997. Whether the petitioner is entitled for seeking reference for enhancement of compensation or not, based on her representation dated 01.09.2017, is for the first and fourth respondents to consider and decide on its own merits and in accordance with law. Therefore, this Court, at this stage is not expressing any view on the merits of the claim made by the petitioner.

5. However, as it is stated that the said representation is still pending, this writ petition is disposed of, without expressing any view as stated supra, only with a direction to the first and fourth respondents to consider the said representation of the petitioner and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner. Such exercise shall be done by the first and fourth respondents within a period of eight weeks from the date of receipt of a copy of the order. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Kancheepuram Kancheepuram District.

2.The Deputy Collector (LA) Ultra Mega Power Project Cheyyur, Kancheepuram.

3.The District Revenue Officer Ultra Mega Power Project Cheyyur, Kancheepuram.

4.The Special Thasildar (LA) Unit-II, Ultra Mega Power Project Cheyyur, Kancheepuram.

+1cc to Mr.G.Rajan, Advocate, S.R.No.71768 +1cc to the Government Pleader, S.R.No.72107 W.P.No.26196 of 2017 AD(CO) Rmp(07/11/17)