R.Mohan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.11.2024 CORAM :
THE HONOURABLE MS. JUSTICE P.T. ASHA W.P.No.25714 of 2024 R.Mohan ... Petitioner Vs.
1.The District Collector, Collectorate, Dharmapuri District.
2.The Land Acquisition Officer/Revenue Divisional Officer, Dharmapuri Division, Dharmapuri-636 701.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to take necessary actions for grant of compensation for the petitioners land in Survey No.341/1A and Survey No.342/1A situated at Karagathahalli Village which shall include the damages, loss of living, loss of 420 yielding mango trees and 20 Kurunji trees and other pecuniary compensations which is liable to be Page No.1 of 5
fixed under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 along with interest within a stipulated time frame as may be fixed by this Court.
For Petitioner : M/s.J.Pradeep For Respondents : Mr.A.Selvendran Special Government Pleader For R1 & R2
ORDER
The writ petition is being disposed of at the time of admission itself. The writ petition has been filed seeking a writ of mandamus directing the respondents to take necessary actions for grant of compensation for the petitioner's land in Survey No.341/1A and Survey No.342/1A situated at Karagathahalli Village which shall include the damages, loss of living, loss of 420 yielding mango trees and 20 Kurunji trees and other pecuniary compensations, which are liable to be fixed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 2014 along with interest. 3.The learned Special Government Pleader appearing for the respondents has informed that the enquiry is under way and he has produced Page No.2 of 5
a communication received from the Revenue Divisional Officer to the Government Advocate. The enquiry is under way and notice under Section 19 (1) of the said Act has been issued to the petitioner and he was called for an enquiry on 18.09.2024. Taking into account the fact that the enquiry is under way, the petitioner is directed to submit his objections to the 2nd respondent/Revenue Divisional Officer and the same shall be taken into consideration by the 2nd respondent. It is needless to state that if the petitioner is not satisfied with the amount of compensation, it is well open to him to seek enhancement in the manner known to law.
3. With the above observations, the Writ Petition is disposed of. No costs. The enquiry shall be completed within a period of one month from the date of receipt of a copy of this order.
05.11.2024 Index :
Yes/No Speaking Order :
Yes/No vsn Page No.3 of 5
To 1.The District Collector, Collectorate, Dharmapuri District.
2.The Land Acquisition Officer/Revenue Divisional Officer, Dharmapuri Division, Dharmapuri-636 701.
Page No.4 of 5
P.T. ASHA,J.
vsn W.P.No.25714 of 2024 05.11.2024 Page No.5 of 5