← Library
Madras High CourtWP/18863/2024disposed of

T.Padmanaban, v. The District Collector,

2024-07-15Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR T.Padmanaban ...

Petitioner versus 1.The District Collector, Cuddalore.

2.The District Revenue Officer, (L.A.) Neyveli.

3.The Special Deputy Tahsildar, (L.A.), Neyveli.

4.The Chairman & Managing Director, Neyveli Lignite Corporation, Neyveli.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to consider the representation dated 01.11.2023 and consequently direct the respondents 2 and 3 to pay compensation as provided under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the petitioner's land admeasuring 0.21 1/5

ares (0.52 acres) situated in Resurvey No.31/3C, Melvaliamadevi Village, Bhuvanagiri Taluk, Cuddalore District in accordance with law. For Petitioner :

Mr.D.Senthur Kugan For Respondent Nos.1 to 3 :

Mr.G.Ameedius Government Advocate

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the second respondent to consider the petitioner's representation dated 01.11.2023 and consequently direct the respondents 2 and 3 to pay compensation as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in respect of the petitioner's land viz. Resurvey No.31/3C, measuring an extent of 0.21 ares (0.52 acres), situated at Melvaliamadevi Village, Bhuvanagiri Taluk, Cuddalore District. 3.

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3 and perused the materials available on record.

2/5

4.

It is the case of the writ petitioner that an extent of 0.80 cents and another extent of 1.13 cents in Resurvey No.31/3 belongs to the petitioner and the same was acquired by the fourth respondent in the month of October 2023. However, without paying compensation possession was also taken. Hence, the petitioner gave a representation in this regard on 01.11.2023 to pay the compensation as provided under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Further, an award copy has also not furnished to the petitioner. Hence, he seeks a direction.

5.

Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the second respondent to consider the representation of the petitioner dated 01.11.2023 and pass appropriate orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. The second respondent is also directed to furnish a copy of the award to the petitioner. If the petitioner makes any reference, the matter shall be referred to the Land Acquisition Tribunal.

3/5

6.

With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 15.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The District Collector, Cuddalore.

2.The District Revenue Officer, (L.A.) Neyveli.

3.The Special Deputy Tahsildar, (L.A.), Neyveli.

4/5

N.SATHISH KUMAR , J.

sri 15.07.2024 [1/2] 5/5