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Madras High CourtWP/15509/2021disposed of

A.Nathar Ummal v. The Government Of Puducherry

2021-11-23Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.15509 and 15510 of 2021 W.P.No.15509 of 2021:- A.Nathar Ummal W.P.No.15510 of 2021:- C.Thiruvengadam

...Petitioners

-Vs1. The Government of Puduchery, Represented by Chief Secretary, Secretariat, Puduchery.

2. The Special Secretary to Government, Revenue and Disaster Management, Secretariat, Puduchery.

3. The Collector, Karaikal.

4. The Depurty Collector (Revenue) -Cum Land Acquisition Officer, Karaikal.

...Respondents (in both W.Ps)

Common Prayer :- Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pay compensation to the petitioners by valuing the acquired property comprised in D/3/17/2/2 at No.25, Kovil Pathu of an extent of 37 Ares and the property comprised in R.S.No.E/4/18/3/2 at Dharmapuram, measuring an extent of 10 Ares - 50 Cawnies, taking its value as on 01.01.2014 the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30/13) as sought vide petitioners' representations dated 11.03.2021 respectively. In Both W.Ps For Petitioners: Mr.I.Kowser Nissar For Respondents: Mr.C.T.Ramesh Additional Government Pleader, Puduchery

COMMON ORDER These Writ Petitions have been filed for the issuance of Writ of Mandamus, directing the respondents to pay compensation to the petitioners by valuing the acquired property comprised in D/3/17/2/2 at No.25, Kovil Pathu of an extent of 37 Ares and the property comprised in R.S.No.E/4/18/3/2 at Dharmapuram, measuring an extent of 10 Ares - 50 Cawnies, taking its value as on 01.01.2014 the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30/13) as sought vide petitioners' representations dated 11.03.2021 respectively. 2.Heard Mr.I.Kowser Nissar, learned counsel appearing for the petitioners and Mr.C.T.Ramesh, learned Additional Government Pleader appearing for the respondents.

3. Without expressing any opinion on the merits of the writ petitions, the fourth respondent is directed to consider the representations presented by the petitioners, dated 11.03.2021 respectively, after giving them an opportunity of hearing, pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. 4.With the above direction, both the writ petitions are disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mn To

1. The Chief Secretary, The Government of Puduchery, Secretariat, Puduchery.

2. The Special Secretary to Government, Revenue and Disaster Management, Secretariat, Puduchery.

3. The Collector, Karaikal.

4. The Depurty Collector (Revenue) -Cum Land Acquisition Officer, Karaikal.

+2cc to M/s.N.A.Nissar Ahmed, Advocate, S.R.No.60610, 60611 +2cc to the Government Pleader, S.R.No.60480 & 60483 W.P.Nos.15509 and 15510 of 2021 CP(CO) RGA(03/12/2021)