N.Azhaguvel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA N.Azhaguvel

...Petitioner

Vs.

The District Collector Chengalpattu District, Collectors Office, Chengalpattu

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondent herein to send petitioners reference application dated 5.3.2021 submitted to him for enhancing the compensation to the appropriate Authority i.e the District Judge, Chengalpet, forthwith as stipulated under Sec. 64 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

1/6

For Petitioner :

Mr. Vijayakumari Natarajan For Respondents :

Mr. M.R.Gokul Krishnan Additional Government Pleader.

O R D E R

The Writ Petition is filed seeking a mandamus directing the respondent herein to send petitioner's reference application dated 05.03.2021 submitted to him for enhancing the compensation to the appropriate Authority i.e the District Judge, Chengalpet, forthwith as stipulated under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013.

2. A counter has been filed by the respondent, wherein in paragraph No.5, it is stated as follows:

"5. It is submitted that the representation given by 2/6

the petitioner dated 05.03.2021, has been forwarded to Special Tahsildar, (LA), Inner Ring Road Project, Chengalpattu. Subsequently, the Special Tahsildar (LA), has sent proposals to the Special District Revenue Office (LA), Chennai-Kanniyakumari Industrial Corridar Project, Kancheepuram vide Letter.No.161/2023/B dt. 01.11.2023. Consequently, the Special District Revenue Officer, who is the Land Acquisition Officer for making a reference under section 20(1) of the Tamil Nadu Highways Act, 2001 read with section 64 of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to the Principal District Judge , Chengalpattu has referred the petition dated.05.03.2021 for enhancement of compensation to the Principal District Judge, Chengalpattu on 06.12.2023 vide his office letter Rc.No.3048/2023/ dated 20.11.2023. Hence, the prayer of the petitioner in this Writ Petition has been complied. 3/6

3. Therefore, there is a compliance of the request made by the petitioner. Therefore, the petitioner shall process the same before the Principal District Judge, Chengalpattu.

4. The Writ Petition is disposed of in the lines of paragraph No.5 of the counter. No costs.

26.11.2024 Index : Yes/No Internet : Yes/No kan 4/6

To The District Collector Chengalpattu District, Collectors Office, Chengalpattu 5/6

P.T. ASHA, J, kan W.P.No. 27580 of 2023 26.11.2024 6/6