V.Srinivasan v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.17157 of 2020 & WMP.No.21210 of 2020 V.Srinivasan ... Petitioner Vs.

1.The Secretary, Public Works Department, Fort. St. George, Chennai 600 009.

2. The District Collector, Salem, Salem District.

3. The Sub Collector cum, Land Acquisition Officer, Mettur, Mettur Taluk, Salem District.

... Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents to relocate the proposed location to existing canal for forming the new canal at Aavadathur Village, Mettur Taluk by considering the petitioner's objections dated 28.10.2020. For Petitioner : Mr.M.Elango For Respondents: Mr.V.Ananda Murthy, AGP

O R D E R

This writ petition has been filed for the issue of Writ of Mandamus directing the respondents to consider the objections made by the petitioner on 28.10.2020 and pass appropriate orders strictly in accordance with law within the time frame fixed by this Court.

2. Heard Mr.M.Elango , learned counsel appearing for the petitioner and Mr.V.Anandamurthy, learned Addl. Govt. Pleader appearing for the respondents.

3. The learned Addl. Govt. Pleader appearing on behalf of the respondents submitted that a preliminary notification was published under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on 24.10.2020.

Pursuant to the notification, the petitioner has given objections on 28.10.2020.

4. The learned Addl. Govt. Pleader further submitted that the objections will have to be now heard in accordance with Section 15 of the Act and thereafter the report has to be submitted before the appropriate Government and the appropriate Government will have to take a decision under Section 15(2) of the Act. The learned counsel therefore submitted that necessary notice will be issued to the petitioner on the date fixed for hearing the objections.

5. In view of the specific stand taken by the respondents, no further orders are required to be passed in this Writ Petition and the petitioner can always go and present his objections at the time of conducting the enquiry under Section 15 of the Act and the respondent will consider the same and proceed further in accordance with law.

6. The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Secretary, Public Works Department, Fort. St. George, Chennai 600 009.

2. The District Collector, Salem, Salem District.

3. The Sub Collector cum, Land Acquisition Officer, Mettur, Mettur Taluk, Salem District.

+1cc to Mr.M.Ilango, Advocate Sr.39397 W.P.No.17157 of 2020 & WMP.No.21210 of 2020 cp[co] srg 20/01/2021