C.Vellaiyan, v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.17941 of 2018 C.Vellaiyan

...Petitioner

Vs.

1. The District Revenue Officer, Cuddalore.

2. The Special Thasildar, No.20 (Land Acquisition), Neyveli.

3. The Authorized Officer (Land Reforms), Cuddalore.

4. The Chief Engineer (Land Acquisition - Civil), Neyveli Lignite Corporation, Neyveli.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to disburse and to pay the proportionate and respective compensation individually to the petitioner with interest at the rate of 24% per annum from the date of acquisition of their lands in R.S.No.90/2, Melapappanapattu Village, Virudhachalam Taluk, Cuddalore District.

For Petitioner : Mr.K.V.Sajeev Kumar For Respondents : Mr.Akhil Akbar Ali, G.A., for RR1 to 3

ORDER

Mr.Akhil Akbar Ali, learned Government Advocate takes notice for the respondents 1 to 3. By consent of the learned counsel appearing for the parties, the writ petition is taken up for final hearing.

2. The petitioner has come up with this writ petition for

issuance of a writ of mandamus, directing the respondents to disburse and to pay the appropriate compensation to the petitioner for acquisition of the lands in R.S.No.90/2, Melapappanapattu Village, Virudhachalam Taluk, Cuddalore District.

3. The case of the petitioner is that he was assigned 0.72 acres on 31.10.1977 out of 5.04 acres, from the lands that are declared as surplus under the provisions of the Tamil Nadu Land Reforms Act. The respondents have acquired the land during the year 1994, but however compensation was not paid.

4. The learned counsel for the petitioner submitted that the neighbouring land owners of the petitioner filed a writ petition in W.P.No.27274 of 2007 seeking direction to pay compensation for acquisition of their lands and this Court by an order, dated 31.01.2015 directed the respondents to pay compensation and the order passed in that writ petition applies to the case of the petitioner.

5. The learned counsel further submitted that it would suffice if a direction is issued to the first respondent to consider the representation of the petitioner.

6. The learned Government Advocate submitted that the first respondent is the competent authority and he is ready to consider the representation of the petitioner in accordance with law.

7. In the light of the submissions of the learned counsels on either side and the limited scope of the prayer sought for in this writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 27.11.2017 and pass orders purely on merits and in accordance with law, after providing an opportunity of hearing to the necessary parties, within a period of six weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition is disposed of. No costs.

Sd/- Deputy Registrar //True copy// Sub Assistant Registrar pvs

To

1. The District Revenue Officer, Cuddalore.

2. The Special Thasildar, No.20 (Land Acquisition), Neyveli.

3. The Authorized Officer (Land Reforms), Cuddalore.

4. The Chief Engineer (Land Acquisition - Civil), Neyveli Lignite Corporation, Neyveli.

+1cc to Mr.K.V.Sanjeev Kumar, Advocate SR.No.47234 WP.No.17941 of 2018 GN(27/07/2018)