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Madras High CourtWP/15203/2022disposed of

Rajarajan 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.15203 of 2022 M.Rajarajan

...Petitioner

versus

1. The District Collector, Nagapattinam District.

2. The Land Acquisition Officer / Revenue Divisional Officer, Nagapattinam, Nagapattinam District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to disburse the interest amount for the delayed payment of compensation in respect of the lands in Survey Numbers 72/511, 72/513, 73/5, 75/2, 76/2 and 76/4 situated at Nagoor (Muttam) Village, Nagapattinam Taluk and District by considering the petitioner's representation dated 19.03.2022. For Petitioner : Mr.V.Anandhamurthy For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the respondents to disburse the interest amount for the delayed payment of compensation in respect of the lands in Survey Nos.72/511, 72/513, 73/5, 75/2, 76/2 and 76/4 situated at Nagoor (Muttam) Village, Nagapattinam Taluk and District, by considering the petitioner's representation dated 19.03.2022. 2.

The learned Additional Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this petition is taken up for final disposal.

3.

The case of the petitioner is that, the Government issued a notification dated 08.10.2012 under Section 4(1) of the Land Acquisition Act, 1984, for the establishment of the Fisheries University and Institute of Fisheries Technology in Nagoor (Muttam) Village, Nagapattinam Taluk and District. Compensation award was passed in favour of the petitioner. However, the interest was not paid to the petitioner. Hence, the petitioner made a representation dated 19.03.2022 to the respondents to pay the interest amount for the delayed payment of compensation. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, this Writ petition.

4.

Though very many grounds have been raised, the learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 19.03.2022 on merits and pay the interest amount for the delayed payment of compensation as expeditiously as possible.

5.

The learned Additional Government Pleader appearing on behalf of the respondents has no serious objection for said order being passed and he fairly conceded that the petitioner's representation dated 19.03.2022 will be considered and appropriate orders will be passed within the time frame that may be fixed by this Court.

6.

In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 19.03.2022 on merits and pass appropriate orders in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. 7.

This Writ Petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar sri

To

1. The District Collector, Nagapattinam District.

2. The Land Acquisition Officer / Revenue Divisional Officer, Nagapattinam,Nagapattinam District.

+1cc to Mr.V.Anandhamurthy, Advocate, S.R.No.36848 +1cc to the Government Pleader, S.R.No.37652 W.P.No.15203 of 2022 NK[co] NSK/08/07/2022