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Madras High CourtWP/19135/2018disposed of

M.Manoharan, v. The District Collector

2018-07-26Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM WP.No.19135 of 2018 M.Manoharan

...Petitioner

Vs.

1. The District Collector, O/o. District Collector, Thiruvallur District 602 001.

2. The Special District Revenue Officer (LA), National Highways, Thiruvallur District- 602 001.

...Respondents

PRAYER:

Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the first and second respondents to consider the representation dated 10.11.2017 preferred by the petitioner, within a time frame to be fixed by this Court and grant the enhanced compensation for the lands acquired on the reasoning of parity with others.

For Petitioner : Mr.C.K.Chandrasekkar For Respondents : Mr.Akhil Akbar Ali, G.A.

ORDER

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

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondents 1 and 2 to consider the representation of the petitioner dated 10.11.2017.

3. The case of the petitioner is that the respondents acquired the land of the petitioner in Survey Nos.121/1B, 122/2B, 122/4B in the year 2011 and paid compensation at the rate of Rs.623 per sq.ft.

https://hcservices.ecourts.gov.in/hcservices/

4. The grievance of the petitioner is that the respondents have paid compensation at the rate of Rs.795 per sq.ft. to the nearby land in Survey Nos.344/5B & 344/1B2. Hence, the petitioner gave a representation to the respondents on 10.11.2017 to re-determine the compensation. Since it was not considered, the present writ petition.

5. The learned counsel for the petitioner 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 representation of the petitioner would be considered in accordance with law.

7. In the light of the submissions of the learned counsel on either side and the nature of prayer sought for in the writ petition, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 10.11.2017 and pass orders 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/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar pvs To

1. The District Collector, O/o. District Collector, Thiruvallur District 602 001.

2. The Special District Revenue Officer (LA), National Highways, Thiruvallur District- 602 001.

+1cc to Mr.C.CHANDRASEKAR, Advocate, S.R.No. 50123 +1cc to the Government Pleader, S.R.No. 51440 WP.No.19135 of 2018 VG I(CO) TR(10/08/2018) https://hcservices.ecourts.gov.in/hcservices/