S.Ramadoss v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.Nos.36530 to 36536 of 2015 S.Ramadoss Petitioner in WP.No.36530/15 D. Clara Daniel Petitioner in WP.No.36531/15 T. Arumugam Petitioner in WP.No.36532/15 R.Indira Petitioner in WP.No.36533/15 Revathy Srinivasan Petitioner in WP.No.36534/15 Subramania Iyer Petitioner in WP.No.36535/15 S. Valsala Petitioner in WP.No.36536/15 Vs 1 The District Collector Government of Puducherry Revenue Complex Saram Puducherry.

2 The Deputy Collector (Revenue) North Land Acquisition Officer New Saram Puducherry.

[Respondents in all the WPs.] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents to refer the name of the petitioner to determine the claim for apportionment under Section 30 of the Land Acquisition Act 1894 for the property admeasuring 1200 sq.ft., 2160 Sq.ft., 2400 sq.ft., 1320 sq.ft., 1800 sq.ft., 1800 sq.ft., 2400 sq.ft., comprised in Plot No.1A Plot No.18, and 19,34 and 35 C, 58, 51 (Part) & 52, Plot No.50 and 51 (Part), Plot No.16 and 17, C.No.737 R.S.No.46/3 Situated at Srinivasa Nagar Karuvaddikuppam Village Uzhavarkarai Municipality Pudicherry respectively by considering the representation dated 11.9.2015. For Petitioners : Mr.G.Rajan For Respondents : Mr.M.Govindaraj, GP(Pondy)

C O M M O N O R D E R Heard the learned counsel appearing for the petitioners and Mr.M.Govindaraj, learned Government Pleader (Puducherry), who took notice for the respondents and with their consent, the main writ petitions are taken up for disposal. 2.The writ petitions have been filed under Article 226 of the Constitution of India seeking direction to the respondents to refer the name of the petitioners to determine the claim for apportionment under Section 30 of the Land Acquisition Act 1894 for the respective properties in question by considering their representations dated 11.9.2015.

3. Though the petitioners have prayed for larger relief, when the matters are taken up for hearing, the learned counsel for the petitioners would submit that it would suffice if a direction is given to the 2nd respondent to dispose of the pending representations of the petitioners dated 11.09.2015 with regard to referring their names to determine the claim for apportionment under Section 30 of the Land Acquisition Act, 1894.

4. In view of the above submission made by the learned counsel for the petitioners, without going into the merits of the matters, the 2nd respondent is directed to consider the representations of the petitioners dated 11.09.2015 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording due opportunity to the petitioners. The writ petitions are disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rg

To 1 The District Collector Government of Puducherry Revenue Complex Saram Puducherry.

2 The Deputy Collector (Revenue) North Land Acquisition Officer New Saram Puducherry.

+7ccs to Mr.G. Rajan, Advocate, S.R.No.62186, 62184, 62183, 62182, 62181, 62180, 62179 +1cc to the Government Pleader, S.R.No.62449 AD(CO) EU(14/12/2015) W.P.Nos.36530 to 36536 of 2015