A.N.M.Kamalanathan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.15099 of 2014 A.N.M.Kamalanathan ...

Petitioner Vs.

1. The District Collector, Vellore District, Vellore.

2. The Tahsildar, Guduiyatham Taluk Office, Gudiyatham Taluk, Vellore District.

...

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to consider the representation given by the petitioner on 7.12.2013 to allot alternative land to the petitioner by virtue of the land acquisition proceedings initiated by the respondents.

For Petitioner : Mr.D.Rajagopal For Respondents : Mr.B.Anand, G.A.

O R D E R

According to the petitioner, petitioner's land was acquired by the respondents for the purpose of construction of morthana dam canal and the award was passed on 15.11.2002 and the compensation amount was also not received by the petitioner. Therefore, the petitioner made a representation to the second respondent on 7.12.2013 for providing alternate land to the petitioner. But so far, no order has been passed by the second respondent. Hence, the petitioner has preferred the present writ petition before this Court.

2. The learned Government Advocate appearing for the respondents would submit that the petitioner is not entitled for alternate land as there is no provision available under the rules. However, the petitioner's representation will be considered and appropriate orders will be passed by the second https://hcservices.ecourts.gov.in/hcservices/

respondent.

3. Considering the limited scope of prayer sought for by the petitioner, without expressing any opinion on merit, this Court is inclined to direct the second respondent to consider the petitioner's representation, dated 7.12.2013 and pass appropriate orders on merit and in accordance with law, if not already dispossessed, as expeditiously as possible preferably, within a period of 12 weeks from the date of receipt of a copy of this order.

5. Accordingly, the writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar vaan To

1. The District Collector, Vellore District, Vellore.

2. The Tahsildar, Guduiyatham Taluk Office, Gudiyatham Taluk, Vellore District.

+1cc to Mr.D.Rajagopal, Advocate, S.R.No. 1693 +1cc to the Government Pleader, S.R.No. 11840 W.P.No.15099 of 2014 SAI(CO) GN(05/03/2019) https://hcservices.ecourts.gov.in/hcservices/