A.V.Rathinabai v. The Special Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2015
CORAM
THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.Nos.6546 to 6549 of 2015 1.A.v.Rathinabal 2.S.Senthil 3.S.Vinoth .. Petitioners in W.P.No.6546/2015 V.Indira .. Petitioner in W.P.No.6547/2015 P.Velu .. Petitioner in W.P.No.6548/2015 K.Lakshmi .. Petitioner in W.P.No.6549/2015 v.
1.The Special Tahsildar (Land Acquisition), Tamil Nadu Housing Board, Kundam Salai, Semmandalam, Cuddalore.
2.Government of Tamil Nadu, Represented by its Secretary, Housing Department, Fort St. George, Chennai - 600 009.
.. Respondents in all W.Ps Writ Petitions filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the first respondent to consider the representation dated 10.03.2014 and pass orders either to pay enhanced compensation or to refer the matter to the civil court for determination of enhanced compensation as in the case of neighbouring land owners covered under the very same land acquisition proceedings.
For Petitioners : Mr.S.Sadasharam For Respondents : Mr.V.Subbiah Special Govt. Pleader COMMON ORDER The petitioners have filed the above writ petitions to issue a writ of mandamus, directing the first respondent to consider their representations dated 10.03.2014 and pass orders either to pay enhanced compensation or to refer the matter to the civil court for determination of enhanced compensation as in the case of neighbouring land owners covered under the very same land acquisition proceedings.
2. It is the case of the petitioners that their lands, situate at Maharajapuram Village, Villupuram, comprising in S.Nos.1/27 and other survey numbers, were acquired by G.O.Ms.No.1234, dated 18.09.1991, for the purpose of implementation of neighbourhood scheme by the Tamil Nadu Housing Board and various awards were issued under Award Nos. 4/1994, 9/1994 and 11/1994. In respect of the neighbouring land owners for determining the compensation, the matter was referred to the Civil Court for determination of enhanced compensation. However, in the case of the petitioners, the respondents have not passed any orders on their representations dated 10.03.2014. According to the petitioners, the respondents have discriminated the petitioners by not fixing the enhanced compensation or referring the matter to the Civil Court for fixing the enhanced compensation.
3. Learned counsel appearing for the petitioners submitted that in spite of their representations dated 10.3.2014, the first respondent has not considered the same, even after a lapse of one year.
4. Mr.V.Subbiah learned Special Government Pleader, takes notice for the respondents and submitted that the first respondent may be directed to dispose of the representations dated 10.03.2014, within a stipulated time.
5. Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the writ petitions, without expressing any opinion with regard to the merits of the case, I direct the first respondent to consider the petitioners' representation dated 10.03.2014 on merits and in accordance with law and dispose of the same, within a period of six weeks from the date of receipt of a copy of this order.
With these observations, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Rj
To 1.The Special Tahsildar (Land Acquisition), Tamil Nadu Housing Board, Kundam Salai, Semmandalam, Cuddalore.
2. The Secretary, Housing Department, Fort St. George, Chennai - 600 009.
W.P.Nos.6546 to 6549 of 2015 + 4 ccs to M/s.S. Sadasharam, Advocate SR.13207 + 1 cc Government Pleader Sr.13573 RSK(CO) EU 21.03.2015