M.Dhanabal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.20057 of 2024 1.M.Dhanabal 2.Pappathi 3.V.Mani 4.Angammal .. Petitioners
Versus
1.The District Collector District Collectorate Complex Thiruchengode Road Namakkal Town and District 2.The Land Acquisition Officer/ The Revenue Divisional Officer Namakkal District Master Plan Complex Office of the Revenue Divisional Officer Mohanur Road, Namakkal Town and District 3.Shalini @ Parimala 4.K.Ramayee .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 by considering the representation of the petitioners dated 10.06.2023 seeking for payment of enhanced compensation which was omitted in calculation in the redetermination awards No.65 of 2016 both dated 12.08.2016 in respect of the 1/4
land acquired by the respondents 1 and 2 from the Petitioners comprised in S.Nos.395/2A1, 395/2A2, 395/2A3, 363/5, 365/3 and 361/1 situated in Silluvampatti Village, Namakkal Taluk and District. For Petitioner : Mr.S.Senthil For Respondents : Mr.P.Sathish for R1 & R2 Additional Government Pleader
ORDER
This writ petition has been filed for a direction, directing the respondents 1 and 2 by considering the representation of the petitioners dated 10.06.2023 seeking for payment of enhanced compensation which was omitted in calculation in the re-determination awards No.65 of 2016 both dated 12.08.2016 in respect of the land acquired by the respondents 1 and 2 from the Petitioners comprised in S.Nos.395/2A1, 395/2A2, 395/2A3, 363/5, 365/3 and 361/1 situated in Silluvampatti Village, Namakkal Taluk and District.
2. It is the case of the writ petitioner that their lands were acquired for the purpose of constructing the Master Plan Complex during the year 1999 and award was passed on 25.05.1999. Further, the second respondent has passed an award on 12.08.2016 redetermining the compensation. It is the grievance of the writ petitioners that lands in S.Nos.395/2A1, 395/2A2, 395/2A3, 363/5, 2/4
365/3 and 361/1 situated in Silluvampatti Village, Namakkal Taluk and District were omitted. Hence, the petitioners sent a joint representation on 10.06.2023 for payment of the enhanced compensation with regard to left out survey numbers, however, the same is not considered till date. Hence, this writ petition.
3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
4. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since, no adverse order is passed against the private respondents, notice to them is dispensed with.
5. Considering the limited relief sought for in this writ petition, this Court without going into the merits of the case directs the official respondents to consider the representation of the petitioners dated 10.06.2023 and pass appropriate orders on the petitioner's representation with regard to omitted extent of the acquired land, on merits and in accordance with law. Such exercise shall be completed within a period of two months from the date of 3/4
receipt of copy of this order.
N. SATHISH KUMAR , J.
6. With the above direction, this writ petition is disposed of. No costs. 24.07.2024 dhk Index : Yes/No Internet :Yes/No : Yes/No To 1.The District Collector District Collectorate Complex Thiruchengode Road Namakkal Town and District 2.The Land Acquisition Officer/ The Revenue Divisional Officer Namakkal District Master Plan Complex Office of the Revenue Divisional Officer Mohanur Road, Namakkal Town and District W.P.No.20057 of 2024 (1/2) 4/4