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Madras High CourtWP/5740/2017disposed of

K.Elangovan, S/O.Kaliaperumal, v. The District Collector

2024-08-30Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.P.M.P. Nos. 9511, 9514 and 9517 of 2021 K.Elangovan ... Petitioner in W.P. No. 5740 of 2017 D.Kumar ... Petitioner in W.P. No. 5741 of 2017 P.Chandrasekaran ... Petitioner in W.P. No. 5742 of 2017 N.Jayapal ... Petitioner in W.P. No. 5743 of 2017 Vs

1. The District Collector, Cuddalore District, Cuddalore.

2. The Block Development Officer, Cuddalore Panchayat Union, Cuddalore.

3. The Special Officer, Sandrorpalayam Panchayat, Cuddalore-O.T., Cuddalore Taluk, Cuddalore District.

... Respondents in all W.Ps 1/5

Common Prayer:- Writ Petitions are filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to acquire the entire properties measuring 1530 sq.ft., 1500 sq.ft., 1440 sq.ft., and 1425 sq.ft., in New S. No. 200/7 in Cuddalore Old Town, Cuddalore Taluk, Cuddalore District under Act 30/2013 and to pay compensation under Act 30/2013 with interest and cost for the entire extent or pay the compensation for the used up extent. For Petitioner : Mr. D.Baskar in all W.Ps For Respondents : Mr. S.Arumugam, in all W.Ps Government Advocate C O M M O N O R D E R These Writ Petitions have been filed for directing the respondents to acquire the entire properties measuring an extent of 1530 sq.ft., 1500 sq.ft., 1440 sq.ft., and 1425 sq.ft., in New S. No. 200/7 situated at Cuddalore Old Town, Cuddalore Taluk, Cuddalore District under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 30/2013 and to pay compensation under the said Act 2/5

with interest and cost for the entire extent or pay the compensation for the used up extent.

2. On a perusal of records, it is seen that the representations dated 03.11.2016 submitted by the petitioners cannot be considered after a period of eight years. However, due to paucity of eight years, the representations of the petitioners may not be available in the office of the respondents.

3. Considering the above facts and circumstances, the petitioners are at liberty to submit fresh representations before the first respondent within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same. The first respondent is directed to conduct enquiry after issuance of notice to the petitioners and the second and third respondents and after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above directions, these Writ Petitions are disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. 3/5

30.08.2024 Index:Yes/No kv To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Block Development Officer, Cuddalore Panchayat Union, Cuddalore.

3. The Special Officer, Sandrorpalayam Panchayat, Cuddalore-O.T., Cuddalore Taluk, Cuddalore District.

4/5

G.K.ILANTHIRAIYAN, J.

kv W.P. Nos. 5740, 5741, 5742 and 5743 of 2017 30.08.2024 5/5