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Madras High CourtWP/20458/2023disposed of

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

2023-07-12Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM A.N.M.Kamalanathan ... Petitioner Vs.

1.The District Collector, Vellore District, Vellore.

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

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to provide alternative site to the petitioner or to issue the certificate for getting employment for the land acquired by the respondents in survey No.56/3B2, Kalleri Village, Pichanoor Village.

For Petitioner : Ms.T.Sreelekha For Respondents : Mr.E.Sundaram Government Advocate

O R D E R

The relief sought for in the present writ petition to direct the 1st respondent to provide alternate site to the petitioner or to issue the certificate for getting employment for the land acquired by the respondents in Survey No.56/3B2, Kalleri Village, Pichanoor Village.

2. The land belonged to the writ petitioner was acquired for public purposes and an award has already been passed. Pursuant to the award, the compensation has been deposited by the competent authority in the concerned Court. The petitioner is yet to file an application for withdrawal of the deposited amount.

3. The learned counsel for the petitioner mainly contended that the petitioner submitted an application for providing an alternate land or for a certificate of preference for the purpose of securing the Government employment.

4. Providing an alternate land or a public employment under the scheme is to be considered in accordance with the terms and conditions stipulated. The order dated 28.01.2020 issued by the Tahsildar, Gudiyatham

reveals that the petitioner is at liberty to approach the Revenue Divisional Officer / Land Acquisition Officer for the purpose of securing the certificate of preference. Whether the Government has given such preference under the Government order issued or not is to be verified and if there is a provision for issuing any such certificate or preference in respect of the land acquisition made the case of the petitioner may also be considered. In this regard, the petitioner is at liberty to approach the Revenue Divisional Officer, who in turn shall consider the same.

5. Accordingly, this writ petition stands disposed of. No costs. 12.07.2023 Jeni Index : Yes Speaking order To 1.The District Collector, Vellore District, Vellore.

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

S.M.SUBRAMANIAM, J.

Jeni 12.07.2023