Madras High CourtWP/2661/2015disposed of

Oriental Hotal Ltd., v. The Secretary

2015-02-04Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2015

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.2661 of 2015 Oriental Hotel Limited, Rep.by its Managing Director, Corporate Office at No.47 Paramaunt Plaza, Mahatma Gandhi Road, Chennai-600034 .. Petitioner vs.

1 The Secretary Ministry of Industries, Secretariat, Chennai- 600009 2 The District Collector Kancheepuram District, Kancheepuram 3 The Commissioner of Labour, Land Administration, Chepauk, Chennai-600005 4 The Divisional Engineer TNRIDC, LLA Building, Chennai-600002 5 The Special Tahsildar, Land Acquisition, Oragadam Industrial Infrastructure, Sriperumbudur Taluk, Kancheepuram District .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the respondents to consider the representation of the petitioner dated 25.11.2014 and fix compensation under Central Act 30 of 2013 after following due process of law and complying with the provisions of the Act.

For Petitioner : Mr.M.Subramanian For Respondent : Mr.V.Subbiah Spl. Govt. Pleader

ORDER

The above writ petition has been filed by the petitioner to issue a Writ of Mandamus, directing the respondents to consider his representation dated 25.11.2014 and fix compensation under Central Act 30 of 2013 after following due process of law and complying with the provisions of the Act.

2. It is the case of the petitioner that the petitioner was not put on notice with regard to the land acquisition proceedings initiated against his property. In these circumstances, the petitioner gave a representation dated 25.11.2014 to the respondents. The learned counsel for the petitioner submitted that in spite of the representation given by the petitioner on 25.11.2014, the respondents have not considered the same yet.

3. Mr.V.Subbiah, learned Special Government Pleader takes notice for the respondents and submitted that the second respondent may be directed to consider and pass orders on the representation dated 25.11.2014, given by the petitioner, within the stipulated time.

4. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the second respondent to consider the petitioner's representation dated 25.11.2014, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that the second respondent shall pass orders on the representation dated 25.11.2014, after hearing the petitioner or his authorised representative. The writ petition is disposed of with the above direction. However, there shall be no order as to costs. Rj -s/d- Assistant Registrar( ) Dt:6/2/2015 True Copy Sub-Assistant Registrar

To 1 The Secretary Ministry of Industries, Secretariat, Chennai- 600009 2 The District Collector Kancheepuram District, Kancheepuram 3 The Commissioner of Labour, Land Administration,Chepauk, Chennai-600005 4 The Divisional Engineer TNRIDC, LLA Building, Chennai-600002 5 The Special Tahsildar, Land Acquisition, Oragadam Industrial Infrastructure, Sriperumbudur Taluk, Kancheepuram District + 1 cc to Govt. Pleader, High Court, Madras SR 5794 + 1 cc to Mr.R.Subramanian, Advocate SR 6053 bvr(co) prk10/2 W.P.No.2661 of 2015