V.Indramuthu, v. The Additional Chief Secretar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.18105 of 2024
1. V.Indiramuthu
2. J.Tamilselvi
3. S.Duraisami
4. Gowthami
5. R.Thenmozhi
6. S.M.Latha
7. N.Sundarasrinivasan
8. S.Prabakaran
9. N.Sivakumar
10. S.Vijayalakshmi
11. Saravanan
12. S.Parimala
13. Selvi
14. V.Lakshmi
15. T.Kalaiyarasi
16. M.Sanmugam
17. M.Balakrishnan
18. B.Kumar
19. Jamuna
20. N.Srinivasan
21. U.Jothikumari
22. R.Kathiresan
23. N.Sathishkumar
24. V.Theerthamalai
25. Minor P.Kanika
26. Minor P.Srinath
27. K.A.Venkatesh
28. K.Kumar
29. N.Vengatesaprasath .. Petitioners 1/6
Versus
1. The Additional Chief Secretary and Commissioner of Land Administration, O/o.Commissioner of Land Reforms Administration, Chepauk, Chennai - 600 005.
2. The District Collector, O/o.District Collector, Dharmapuri Distric - 636 705.
3. The Special Tahsildar [Land Acquisition Officer], Hindustan Petrolium Corporation Limited, Sivadi Village, Nallampalli Taluk, Dhamapuri District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to make reference to the appropriate authority for determination of the enhancement of award of compensation and persons entitled to receive the same as per section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
For Petitioners : Ms.M.Malar For Respondents : Mr.S.Jayachandran Government Advocate - R1 to R3
ORDER
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2/6
2. This Writ Petition is filed to direct the respondents to make reference to the appropriate authority for determination of the enhancement of award of compensation and persons entitled to receive the same as per section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.
3. Heard learned counsel for the petitioners and the learned Government Advocate appearing for the respondents and perused the materials available on record.
4. The case of the petitioners is that the land of the petitioners have been acquired by the second respondent for the purpose of establishing petroleum storage depot of Hindustan Petroleum Corporation in Sivadi Village. It is the further case of the petitioners that the respondents had not awarded just compensation as per the Land Acquisition Act and also deposited certain amounts before the Court as there are multiple claimants. Therefore, the petitioners have given a representation to the respondents for making reference before the authority as per Section 64 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 3/6
2013. But the same has not been considered by the respondents till date. Hence, the present Writ Petition.
5. Considering the limited relief sought for in this writ petition, the respondents are directed to consider the representation of the petitioners dated 03.03.2023 for reference before the authority as per Section 64 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and pass orders on the same on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
10.07.2024 vrc Index :Yes/No Internet :Yes/No 4/6
To,
1. The Additional Chief Secretary and Commissioner of Land Administration, O/o.Commissioner of Land Reforms Administration, Chepauk, Chennai - 600 005.
2. The District Collector, O/o.District Collector, Dharmapuri Distric - 636 705.
3. The Special Tahsildar [Land Acquisition Officer], Hindustan Petrolium Corporation Limited, Sivadi Village, Nallampalli Taluk, Dhamapuri District. 5/6
N. SATHISH KUMAR, J.
vrc W.P.No.18105 of 2024 10.07.2024 6/6