Pramila, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2015
CORAM
THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.40241 of 2015 1 Pramila 2 Minor Byrappa 3 Minor Usha 4 Kempamma [ PETITIONERS ] Vs 1 The District Collector Krishnagiri.
2 The Land Acquistion Officer Cum Special Tashildar SIPCOT, Hosur.
[ RESPONDENTS ] PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of mandamus to direct the respondents to refer the Award Proceedings in Award No.4/2007 and dated 29.3.2007 to the Civil Court under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purpose Act 1997 in so far as it pertains to the land belonging to the petitioner in Survey No.132/2 measuring an extent of 55 cents, Mooranappali Village, Hosur, Krishnagiri District.
For Petitioners : Mr.V.Raghavachari For Respondents : Mr.R.Lakshmi Narayanan Addl.Govt. Pleader
O R D E R
Heard Mr.V.Raghavachari, learned Counsel appearing for the petitioners and Mr.R.Lakshmi Narayanan, learned Additional Government Advocate who has taken notice on behalf of the respondents.
2.The petitioners have come forward with this Writ Petition for issuance of a writ of mandamus to direct the respondents to refer the Award Proceedings in Award No.4/2007 and dated 29.3.2007 to the Civil Court under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purpose Act 1997 in so far as it pertains to the land belonging to the petitioner in Survey No.132/2 measuring an extent of 55 cents, Mooranappali Village, Hosur, Krishnagiri District.
3.Though the petitioners seek for a positive direction to refer the Award proceedings in Award No.4 of 2007 dated 29.3.2007, to the Civil Court under section 8 of the Tamil Nadu Acquisition of Land for Industrial Purpose Act, 1997 (the Act), in so far as the lands belong to the petitioners in Survey No.132/2, measuring an extent of 55.cbne.3ts., Mooranappalli Village, Hosur, Krishnagiri District, which was acquired under the provisions of the Act, the learned counsel for the petitioners submitted that the petitioners would be satisfied if their representation dated 16.8.2007 is directed to be considered by the respondents on merits and in accordance with law.
4.Though the petitioners have annexed the copy of the representation in the typed set of papers, there is no acknowledgement produced to show that the representation was submitted on 16.8.2007 was received by the second respondent. 5.In the light of the above, there will be a direction to the petitioners to submit a copy of the representation along with the copy of this order, and forward the same to the second respondent, who shall consider the said representation on merits and in accordance with law, within a period of eight weeks from the date of receipt of the representation.
The Writ Petition is disposed accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar rpa
To 1 The District Collector Krishnagiri.
2 The Land Acquistion Officer Cum Special Tashildar SIPCOT, Hosur.
+1 cc to Mr.V.Raghavachari Advocate sr.68866/15 +1 cc to Government Pleader sr.69178/15 W.P. No.40241 of 2015 aa07/01/2016