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Madras High CourtWP/14849/2022disposed of

Anjammal v. The District Collector

2022-06-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.14849 OF 2022 Anjammal

...Petitioner

Vs.

1.The District Collector, Cuddalore District, Cuddalore.

2.Revenue Divisional Officer, Chidambaram, 3.Special Deputy Collector (L.A.), Neyveli 2, 4.Special Tahsildar (L.A.), No.7, Neyveli 2,

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pass an award for acquiring the property of the petitioner measuring 120 sq.mtr in S.No.35/15, Patta No.226 at Velayiammadevi Melpathi Village, Division No.48, Bhuvanagiri Taluk, Cuddalore District.

For Petitioner :

Mr.A.Muthukumar For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to pass an award for acquiring the property of the petitioner measuring 120 sq.mtr. in S.No.35/15, Patta No.226 at Velayiammadevi Melpathi Village, Division No.48, Bhuvanagiri Taluk, Cuddalore District.

2.The case of the petitioner is that the petitioner is the owner of the subject property and since NLC wanted to expand its coal mine, the petitioner's property was acquired for the purpose of expansion of coal mine, however, compensation amount was not paid. Hence, this writ petition.

3.The learned Additional Government Pleader submitted that compensation amount was not paid to the petitioner on the ground that patta which stood in the name of the petitioner was directed to be cancelled as per the proceedings of the second respondent dated 08.02.2022.

4.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court permits the petitioner to file appeal against the proceedings of the second respondent dated 08.02.2022 before the competent Authority under the relevant provisions of law.

5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, grants liberty to the petitioner to file appropriate appeal against the proceedings of the second respondent dated 08.02.2022 before the competent Authority.

6.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar pri To 1.The District Collector, Cuddalore District, Cuddalore.

2.The Revenue Divisional Officer, Chidambaram, 3.The Special Deputy Collector (L.A.), Neyveli 2,

4.The Special Tahsildar (L.A.), No.7, Neyveli 2, +1cc to Mr.A.Muthukumar, Advocate Sr.No.37387 +1cc to the Government Pleader Sr.No.37655 W.P.No.14849 of 2022 SV(CO) RVM(19/07/2022)