← Library
Madras High CourtWP/26514/2023disposed of

C.N.Ramamurthy v. The Chairman-Cum-Managing Director,

2023-09-13Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU C.N.Ramamurthy ..

Petitioner Vs.

1. The Chairman - cum- Managing Director NLC India Limited, Block No.1 Neyveli 607 801.

2. The Secretary to Court of Union of India Ministry of Coal, Mine and Parliamentary Affairs No.11, Akbar Road New Delhi - 110 011.

3. The Chief Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai - 600 009.

4. The District Collector O/o. The District Collector New Collectorate Building Manjakuppam Cuddalore - 607 001.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the first respondent in consultation with the other respondents to consider and pass appropriate order on the petitioner's representation dated 27.03.2023.

For the Petitioner : Mr.K.Anbarasan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader for R3 & R4

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.K.Anbarasan, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 3 and 4.

2. Learned counsel for the petitioner submits that the respondents are in the process of acquiring the lands of the villagers. The respondents are required to follow the provisions of the Right of

Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (for brevity, hereinafter referred to as, "the Act of 2013"), but, on the contrary, the respondents are proceeding to follow the policy of Rehabilitation. The compensation under the Act of 2013 would be much more.

3. In the present writ petition, there are no details as to whether notification has been issued under the Act of 2013 and whether the award is passed. The petitioner is not the one whose land is acquired. If the persons affected by the acquisition approach the Court, then their grievance can be considered by the Court on its own merits.

4. With these observations, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 13.09.2023 Index :

Yes/No :

Yes/No

drm To

1. The Chairman - cum- Managing Director NLC India Limited, Block No.1 Neyveli 607 801.

2. The Secretary to Court of Union of India Ministry of Coal, Mine and Parliamentary Affairs No.11, Akbar Road New Delhi - 110 011.

3. The Chief Secretary Government of Tamil Nadu Secretariat, Fort St. George Chennai - 600 009.

4. The District Collector O/o. The District Collector New Collectorate Building Manjakuppam Cuddalore - 607 001.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 13.09.2023