Dhanalakshmi v. The District Collector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.33375 of 2015 1.Dhanalakshmi 2.Chandramathi ... PETITIONERS Vs

1. The District Collector of Erode Erode Collectorate, Perundurai Road Erode Erode District 638 011.

2. The Special Thasildar Land Acquisition In Charge Revenue Divisional Officer Brough Road, Erode 1.

... RESPONDENTS PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus directing the respondents to refer the matter U/s.18 of Land Acquisition Act to Civil Court regarding petitioners land situated in R.S.No.773/2 measuring an extent of 0.06.0 Hec and in RS No.773/3 measuring an extent of extent 1.28.0 Hectares in this 1.52 acres in Kasipalayam C Village Erode Taluk Erode District. For Petitioners : Mr.V.Kadhirvelu For Respondents : Mr.Lakshmi Narayanan, Additional Government Pleader

O R D E R

This Writ Petition is filed praying for issuance of a writ of mandamus, directing the respondents to refer the matter U/s.18 of Land Acquisition Act to Civil Court regarding petitioners land situated in R.S.No.773/2 measuring an extent of 0.06.0 Hec and in RS No.773/3 measuring an extent of extent 1.28.0 Hectares in this 1.52 acres in Kasipalayam C Village Erode Taluk Erode District.

2. Heard Mr.V.Kadhirvelu, learned counsel appearing for the petitioner and Mr.Lakshmi Narayanan, learned Additional Government Pleader appearing for the respondents. By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

3.The learned Additional Government Pleader states that the authority has already issued the notice in accordance with the provisions of law and the plea raised by the petitioners is incorrect.

4.However, without going into the merits of the rival contentions, in order to enable the petitioners to work out the remedy, the second respondent is directed to furnish a copy of the notice issued under section 12(2) of the Land Acquisition Act, 1894 along with proof of service as to enable the petitioners to work out their remedy as per law. Thereafter, petitioners are at liberty to work out their remedy in accordance with law.

5.The Writ Petition stands disposed of as above. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpa

To

1. The District Collector of Erode Erode Collectorate, Perundurai Road Erode Erode District 638 011.

2. The Special Thasildar Land Acquisition In Charge Revenue Divisional Officer Brough Road, Erode 1.

+1cc to Mr.V.Kadhirvelu, Advocate, S.R.No.62619 +1cc to the Government Pleader, S.R.No.62624 W.P. No.33375 of 2015 CTK(CO) CA(01/12/2015)