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Madras High CourtWP/27630/2025disposed of

Ramasamy v. The District Collector

2025-07-31Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Ramasamy Petitioner(s) Vs 1.The District Collector, Namakkal District, Namakkal.

2.The District Revenue Officer-cum- Land Acquisition Officer, Salem-Karur Broad Gauge, Railway Line Project, Collectorate Campus, Thummankurichi Post, Namakkal Taluk and District.

3.The Special Tahsildar (Land Acquisition), Salem-Karur Broad Gauge, Railway Line Project, Collectorate Campus, Thummankurichi Post, Namakkal Taluk and District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to pass an award by re-determining the amount of compensation in accordance with Section 28A of the Land Acquisition Act, 1894 in the light of Judgment and decree dated 30.09.2019 passed in L.A.O.P.No.273/2002 on the file of the Principle 1/6

Subordinate Court Namakkal, with respect to the land acquired from the petitioner comprised in S.Nos. 300/1B and 300/2B admeasuring a total extent of 0.48.0 hectares, situate in Marurpatti village, Namakkal Taluk based on the petitioners representation dated 02.03.2020 and reminder representation dated 05.05.2025.

For Petitioner(s) : Mr.S.Senthil For Respondent(s) : Mr.P.Sathish Additional Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of Mandamus to direct the respondents to pass an award by re-determining the amount of compensation in accordance with Section 28A of the Land Acquisition Act, 1894 in the light of Judgment and decree dated 30.09.2019 passed in L.A.O.P.No.273/2002 on the file of the Principle Subordinate Court Namakkal.

3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation before the respondents on 02.03.2020 seeking re2/6

determination of the compensation awarded by the Sub-ordinate Court, Namakkal under Section 28A of the Land Acquisition Act in L.A.O.P.No.273 of 2002 dated 30.09.2019 in respect of the land comprised in S.Nos.300/1B and 300/2B, measuring an extent of 0.48.0 hectares, situated in Marurpatti village, Namakkal Taluk. However, the same has not been considered by the respondents, petitioner thereafter submitted a reminder representation on 05.05.2025 enclosing a copy of the aforesaid decree, which is stated to be kept pending. Hence this writ petition.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for respondents that they would consider the above representation made by the petitioner in accordance with law after issuing notice and after affording the petitioner a reasonable opportunity of hearing.

5. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to dispose of petitioner's representation dated 02.03.2020 and reminder representation dated 05.05.2025 in accordance with law, after issuing notice and after affording reasonable opportunity of hearing to the petitioner. It is made clear that this Court has not expressed any view on the merits of the case, including that of limitation. Rights and contentions are left 3/6

open, to be decided by the appropriate authority. No costs. 31.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The District Collector, Namakkal District, Namakkal.

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2.The District Revenue Officer-cum- Land Acquisition Officer, Salem-Karur Broad Gauge, Railway Line Project, Collectorate Campus, Thummankurichi Post, Namakkal Taluk and District.

3.The Special Tahsildar (Land Acquisition), Salem-Karur Broad Gauge, Railway Line Project, Collectorate Campus, Thummankurichi Post, Namakkal Taluk and District.

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MOHAMMED SHAFFIQ, J.

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