Madras High CourtWP/23932/2021disposed of

Arul Rajan v. The District Collector

2021-11-10Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.NO.23932 OF 2021 1.Arul Rajan 2.M.Ganeshan 3.S.Kuppan 4.P.Malleswari 5.P.Vijayalakshmi 6.K.Udhayakumar ... Petitioners Vs

1. The District Collector, Chennai Collectorate Office, 62, Rajaji Salai, Fourth Floor, Chennai, Tamil Nadu 600 001

2. The Chairman, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005

3. The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Salai, Chepauk, Chennai 600 005

4. The Chairmanship of Director (Projects & Planning), Chennai Metro Building,

5. Project Director(PD), Chennai Metro Building,

6. Project Land Acquisition Officer(LAO) & Special Thasildar (LA), ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing to dispose of the representations dated 06.06.2016, 03.11.2016 and 29.07.2021, by 1,3 & 5th petitioners, 04.08.2021 by the fourth petitioner and on 07.08.2021 by the second petitioner by following the procedural law to compensate the petitioners by redetermining the fair compensation of Rs.9,874/- per sq.ft. + Enhance the amount for assets attached of the said properties + 100% solatium under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the properties situated in Block No.76 to 79 & 109, Kesava Mudali Street, Chennai District comprised in survey No.3962 / 1&2.

For Petitioners : Mr.Gokula Rao For Respondents For R1 : Mr.A.Selvendran, Government Advocate For R2 & 3 : Mr.S.Prabhu, Standing Counsel

ORDER

This writ petition is filed to issue a Writ of Mandamus directing to dispose of the representations dated 06.06.2016, 03.11.2016 and 29.07.2021, by 1,3 & 5th petitioners, 04.08.2021 by the fourth petitioner and on 07.08.2021 by the second petitioner by following the procedural law to compensate the petitioners by redetermining the fair compensation of Rs.9,874/- per sq.ft. + enhance the amount for assets attached of the said properties + 100% solatium under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the properties situated in Block No.76 to 79 & 109, Kesava Mudali Street, Chennai District comprised in survey No.3962 / 1&2.

2. Considering the limited relief sought for in the petition, without expressing any opinion on merits of the writ petition, the fifth and sixth respondents are directed to

consider the representations of the petitioners dated 06.06.2016, 03.11.2016, 29.07.2021, 04.08.2021 and 07.08.2021 and after giving them opportunity of hearing and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.

3. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar lok To