R.Sellamuthu v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.No.33843 of 2015 R.Sellamuthu ..
Petitioner Vs 1.The Secretary to Government, Public Works Department, Chennai - 600 009.
2.The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
3.The Collector, Palladam Road, Tirupur District.
4.The Revenue Divisional Officer, Dharapuram.
5.The Engineer, Public Works Department, Amaravathi Vadi Nelakottam, Dharapuram - 638 656.
.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to pay the adequate compensation to petitioner after following the procedure established under law for land acquired in Survey No.439/1, 435/3, 435/2, 291/3 and 294.
For Petitioner : Mr.K.Sudhakar For Respondents : Mr.R.Rajeswaran Special Government Pleader
ORDER
By consent of the learned counsel on either side, this writ petitions is taken up for final disposal.
2. Heard Mr.K.Sudhakar, learned counsel appearing for the petitioner and Mr.R.Rajeswaran, learned Special Government Pleader for the respondents.
3. The petitioner has filed this Writ Petition seeking for a issuance of Writ of Mandamus, to direct the respondents to pay him compensation for his lands in Survey No.439/1, 435/3, 435/2, 291/3 and 294 situated in Chinnakkampalayam Village, Dharapuram Taluk, Erode District (now Tirupur District), that were acquired by the Government, for the purpose of improvements of the Branch Canals at Amaravathy Main Canal.
4. From the documents filed in the typed set of papers, it is seen that his claim for compensation is considered. In this regard, the fourth respondent has intimated the petitioner about the developments vide communication dated 06.01.2015; the second respondent has sent another communication on 23.01.2015; and the third respondent has also sent two communications on 09.02.2015 and 20.03.2015. Inspite of these communications, there appears to have been no progress in the matter and the end result is, though the lands were acquired as early as in the year 1996, the petitioner has not yet received the compensation.
5. The learned Special Government Pleader appearing for the respondents submitted that it may be a fact that the lands were utilised for the said project, but, there was nothing to show that the lands were acquired. In any event, since the representation is pending consideration of the third respondent, the third respondent shall consider the petitioner's request and pass an order on merits, within a period of four months from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(J) True Copy Sub Assistant Registrar
To:
1.The Secretary to Government, Public Works Department, Chennai - 600 009.
2.The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai - 600 005.
3.The Collector, Palladam Road, Tirupur District.
4.The Revenue Divisional Officer, Dharapuram.
5.The Engineer, Public Works Department, Amaravathi Vadi Nelakottam, Dharapuram - 638 656.
+1cc to Mr.K.Sudhakar, Advocate Sr.63848 +1cc to The Government Pleader, Sr.63767 W.P.No.33843 of 2015 skv[co] srg 10/12/2015