Dr.Hyderi v. The Special Tahsildar (Land Acquisition)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Dr.Hyderi ... Petitioner Vs.

The Special Tahsildar (Land Acquisition), Sipcot Tacet Division Unit-1, No.1, Sivasanmugam Road, Tambaram, Chennai - 600 045.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider petitioner representation letter dated 17.06.2022 and consequently provide copy of the award and the compensation awarded to petitioner along with the compensation amount to be paid in the favor of the petitioner along with interest survey No.438/3 within a time frame as fixed by this Court. For Petitioner : Mr.B.Leelesh Sundaram for M/S.Nathan and Associates For Respondent : Mr.T.K.Saravanan, Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's representation letter dated 17.06.2022 and consequently provide copy of the award and the compensation awarded to petitioner along with the compensation amount to be paid in the favor of the petitioner along with interest survey No.438/3 within a time framed as fixed by this Court.

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2. The case of the petitioner is that the petitioner's mother purchased a property comprised in Survey No.438/9, situated at Plan No.178, Plot No.521, Valla, Group, Vmunapet Village, Sriperumbadur Taluk, Chengalpet District, from one Mr.P.Ganesan, through a registered Sale Deed, dated 11.10.1982, vide Doc.No.5697 of 1982. Subsequent to the purchase of the aforesaid property, the petitioner's mother and her family members are in possession of the said property. After the demise of petitioner's mother and father, the aforesaid property devolved on the petitioner and he became the owner of the aforesaid property. Further, the petitioner came to know that the said property was acquired by the Government for the establishment of the special economic zone for the SIPCOT purpose.

The grievance of the petitioner is that, he never received any communication from the respondent/The Special Tahsildar (Land Acquisition) regarding the said acquisition proceedings. Therefore, the petitioner made a representation/letter dated 17.06.2022 before the respondent, seeking to provide the copy of the award and the compensation amount awarded to the petitioner. However, till date, the award copy was not furnished to the petitioner, the petitioner had filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondent to consider the petitioner's representation dated 17.06.2022 and pass orders on the same within a particular time frame that to be fixed by this Court.

4. The learned Government Advocate appearing for the respondent has no objection for the said order being passed.

5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondent to consider the petitioner's representation dated 17.06.2022 and furnish the copy of the award to the petitioner on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. Withe the above observations and direction, this Writ Petition is disposed of. No costs.

22.09.2022 Index : Yes / No Speaking order: Yes/ No jd 3/5

To The Special Tahsildar (Land Acquisition), Sipcot Tacet Division Unit-1, No.1, Sivasanmugam Road, Tambaram, Chennai - 600 045.

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M.DHANDAPANI, J.

, jd 22.09.2022 5/5