Madras High CourtWP/23926/2023disposed of

S.Krishnaprasad v. The Special Tahsildar (Adw) Vdm

2023-08-14Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S.Krishnaprasad

...Petitioner

Vs.

The Special Tahsildar (ADW) VDM, Tittakudi Taluk, Virudhachalam, Cuddalore District.

..Respondent Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to produce the Copy of Award 5 /97 dated 23.03.1998 of Special tahsildar (ADW) VDM. For Petitioner : Mr.Edwin Jeyakumar For Respondent : Mr.D.Ravichander, Special Government Pleader

ORDER

The relief sought for in the present writ petition is to direct the respondent to produce the copy of Award No.5 /97 dated 23.03.1998 of Special Tahsildar (ADW) VDM.

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2. The grievance of the writ petitioner is that he has not received the copy of the award passed by the Land Acquisition Officer with reference to acquisition of his lands for public purposes. The petitioner submitted an application under the Right to Information Act to the public Information Officer / Special Tahsildar, Adi Dravida Welfare Virudhachalam. The said application was considered and a reply was given in proceedings dated 22.05.2023 stating that on account of bifurcation, the files relating to the award was transferred to the office of the Tahsildar, Tittakudi. Accordingly, the petitioner was asked to approach the office of the Tahsildar, Tittakudi for the purpose of getting a copy of the award. Instead of submitting a fresh application under the Right to Information Act, the petitioner has chosen to file the present writ petition. Thus, the petitioner has not exhausted the remedy available to him under the Right to Information Act.

3. The learned counsel for the petitioner states that he has submitted a representation to the Tahsildar, Tittakudi on 11.07.2023 and such representation may also be considered by the authority. 2/4

4. However, the petitioner is at liberty to submit a fresh application under the Right to Information Act for the purpose of getting a copy of the award passed by the Land Acquisition Officer. In the event of filing any such application, the authorities competent shall consider and pass appropriate orders.

5. Accordingly, the writ petition stands disposed of. No costs. 14.08.2023 nl Index: Yes Speaking Order To The Special Tahsildar (ADW) VDM, Tittakudi Taluk, Virudhachalam, Cuddalore District.

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S.M.SUBRAMANIAM, J.

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