G.Srinivasan v. The Special Tashildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos.19386 & 19387 of 2020 Mr. G. Srinivasan ... Petitioner in both WPs v.
1.The Special Tahsildar, National Highway Nos.67 & 45C, Nagapattinam - Thanjavur and Vikravandi-Kumbakonam-Thanjavur Section, Thami Nagar, Vilamal, Thiruvarur 2.The Competent Authority cum Special District Revenue Officer (Land Acquisition), National Highway Nos.67 & 45C, Nagapattinam - Thanjavur and Vikravandi-Kumbakonam-Thanjavur Section, Thiruvarur
3. The District Collector, Thiruvarur.
... Respondents in both WPs W.P.No.19386/2020: Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent pertaining to Na.Ka.1027/2011/A./The.Na./Thiruvarur in Award No.11/2014-15, dated 02.02.2015 and to quash the same and consequently direct the 2nd respondent to pass a fresh award in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
W.P.No.19387/2020: Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent pertaining to Na.Ka.1027/2011/A./The.No./Thiruvarur in Award No.11/2014-15, dated 04.07.2018 and to quash the same and consequently direct the 2nd respondent to pass a fresh award in accordance with the provisions of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
For Petitioner : Mr. P. Sesubalan Raja For Respondents : Mr. D. Raja Additional Govt. Pleader COMMON ORDER The petitioner has filed the above Writ Petitions to issue Writs of Certiorarified Mandamus to call for the records of the 2nd respondent in Award No.11/2014-15, dated 02.02.2015 and 04.07.2018 respectively, to quash the same and consequently directing the 2nd respondent to pass fresh award in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
2. When the Writ Petitions are taken up for hearing, Mr. P. Sesubalan Raja, learned counsel appearing for the petitioner submitted that the petitioner is restricting his prayer only to direct the 3rd respondent to dispose of appeal filed by him on 10.10.2018, within a time frame.
3. Mr. D. Raja, learned Additional Government Pleader appearing for the respondents submitted that the 3rd respondent may be directed to dispose of the appeal filed by the petitioner, within a period of six weeks.
4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the 3rd respondent to dispose of the appeal filed by the petitioner on 10.10.2018 and pass orders, on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
With these observations, the Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar
Rj To 1.The Special Tahsildar, National Highway Nos.67 & 45C, Nagapattinam - Thanjavur and Vikravandi-Kumbakonam-Thanjavur Section, Thami Nagar, Vilamal, Thiruvarur 2.The Competent Authority cum Special District Revenue Officer (Land Acquisition), National Highway Nos.67 & 45C, Nagapattinam - Thanjavur and Vikravandi-Kumbakonam-Thanjavur Section, Thiruvarur
3. The District Collector, Thiruvarur.
+1cc to Mr.P.Sesubalan Raja, Advocate Sr.42843 +1cc to the Government pleader Sr.42640 W.P.Nos.19386 & 19387 of 2020 spd[co] srg 08/01/2021