Fidel Castro v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.05.2025 Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition No.18291 of 2025

1. Fidel Castro 2.S.Niruban 3.S.Pream Santh ..... Petitioners -Versus1.The District Collector, O/o The District Collector, Thiruvannamalai District.

2.The Special District Revenue Officer, O/o The Revenue Divisional Officer, Kizhpennathur Taluk, Tiruvannamalai-606 754.

3.The Special Tahsildar (Land Acquisition), O/o The Special Tahsildar, Kizhpennathur Taluk, Tiruvannamalai 606 754.

..... Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to dispose of the representation of the petitioners dated 21.04.2025 and consequently directing the respondents to fix the fair price and compensation for acquisition of the acquiring the land measuring an extent of 4300 square meters/106 cents comprised in Punjai S.No.344/9, Patta No.3235, situated at Vettavalam village, Kizhpennathur Taluk, Tiruvannamalai, forthwith.

For Petitioner(s) : Mr.Vimal B.Crimson For Respondent (s) : Mr.L.S.M.Hasan Fizal, Addl. Government Pleader

ORDER

The petitioners claim to be the owners of the land measuring 4300 square meters/106 cents comprised in S.No.344/9 of Vettavalam Village, Kizhpennathur Taluk, Tiruvannamalai District. The 3rd respondent Special Tahsildar, proposed to acquire the land belonging to the petitioners for the purpose of expansion of Mangalore-Villupuram National Highway (NH234).

2. The petitioners state that in a meeting that was conducted by the respondents to negotiate and acquire the land, a very meagre amount was quoted for the purpose of acquisition of land. Hence, they gave a representation on 21.04.2025 to fix a reasonable value in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. As their representation has not been considered and no orders are passed thereof till date, they have come forward with the present writ petition.

3. Heard Mr.Vimal B.Crimson for the petitioners and Mr.L.S.M.Hasan Fizal for the respondents.

4. There is no dispute on the ownership of the land of the petitioners. The only dispute is on the value of the land.

5. Mr.L.S.M.Hasan Fizal states that the District Collector will fix the correct price for the land prior to acquisition. He further states that in case, the value has already been fixed, the representation of the petitioners will be treated as the request for reference to the court for appropriate fixation. The statement of Mr.Hasan Fizal is recorded.

6. In case the value has not been fixed yet, the Collector shall take into consideration the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and fix the value. In case, the value has already been fixed, the representation of the petitioners dated 21.04.2025 shall be treated as a request for reference to the court.

This writ petition is disposed of accordingly with the above directions. No costs.

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To 1.The District Collector, O/o The District Collector, Thiruvannamalai District.

2.The Special District Revenue Officer, O/o The Revenue Divisional Officer, Kizhpennathur Taluk, Tiruvannamalai-606754.

3.The Special Tahsildar (Land Acquisition), O/o The Special Tahsildar, Kizhpennathur Taluk, Tiruvannamalai 606 754.

V.LAKSHMINARAYANAN.J.

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