Soundara Rajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.NO.21515 OF 2021

1. Soundara Rajan

2. Sridhar

3. Akkumari

4. Thangaraj

5. Devan

6. Raja

7. Kaliyammal

...Petitioners

Vs 1.

The District Collector, Dharmapuri District, 2.

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3.

The Land Acquisition Officer and the Special Tahsildar (Land acquisition), Bifurcation 4.

The Tahsildar, Dharmapuri Taluk,

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to refer the award No.9/66 passed by the third respondent dated 30.09.1966 to the competent Court of law under Section 18 of the Land Acquisition Act, 1894 based on the petitioners' representation dated 06.07.2018 forthwith.

For Petitioners : Mr.C.Prabakaran For Respondents : Mr.A.Selvendran Special Government Pleader.

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the second respondent to refer the award No.9/66 passed by the third respondent dated 30.09.1966 to the competent Court of law under Section 18 of the Land Acquisition Act, 1894 based on the petitioners' representation dated 06.07.2018 forthwith.

2. Heard, Mr.C.Prabakaran, learned counsel appearing for the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents.

3. The petitioners submitted representation on 06.07.2018 to refer the award No.9 of 66 passed by the third respondent dated 30.09.1966 to the Referral Court under Section 18 of the Land Acquisition Act, 1894. Admittedly, the land owners were duly received compensation as per the award and after a period of 54 years, now, the petitioners sought for direction to refer the award for enhancement. Therefore, after a lapse of 54 years, directions sought for in this writ petition cannot be considered. The writ petition is devoid of merits.

4. In the result, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Lpp To 1.

The District Collector, Dharmapuri District, 2.

The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

3.

The Land Acquisition Officer and the Special Tahsildar (Land acquisition), Bifurcation 4.

The Tahsildar, Dharmapuri Taluk, +1cc to the Government Pleader, S.R.No.61940 W.P.No.21515 of 2021 EV(CO) PM/06/01/2022