Narayanasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.42603 of 2016 Narayanasamy ... Petitioner v.

1.The District Collector, Collectorate, Villupuram.

2.The Special District Revenue Officer, (Land Acquisition), NH-68, National Highways No.68, II Gate, Ram Nagar Road, Behind S.K.C's Silk House, Salem Town & District.

3.The Special Tahsildar(Land Acquisition), National Highways No.68, 10c, Narayanasamy Street, Behind Head Post Office, South Udaiyarpalayam, Attur Taluk, Salem District-636 102.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct respondents 2 and 3 to pay compensation for the acquired 42 Teak trees in Survey No.74/11 and a well in Survey No.99/4A situated at Indily Village, Kallakurichi Taluk, Villupuram District to the petitioner within the time to be stipulated by this Court based on the representation dated 19.10.2016.

For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.S.Diwakar Spl. Government Pleader for R1 to R3

O R D E R

The petitioner has sought for compensation for the Teak Wood trees, which stood in his land were acquired along with the Well. The compensation was not quantified and paid presumably on the ground that the valuation is not forthcoming from the Forest Department.

Therefore, the petitioner has made representation to the respondents on 19.10.2016 and the same is pending consideration. Hence, the present petition.

2. The acquisition has been made by completion of the Award in the year 2010. Till now, the valuation has not been fixed. The petitioner cannot be faulted for it. It is the duty of the third respondent to see to it that the valuation is fixed and paid.

3. In such view of the matter, a direction is issued to the third respondent to take appropriate steps to fix the valuation and see to it that the petitioner is paid adequate compensation as stated by her in and by the letter dated 28.01.2016 before the Free

Legal Aid Authority, Kallakurichi, within a period of eight weeks from the date of receipt of a copy of this order.

4. The writ petition stands disposed of accordingly. No costs. 22.06.2017 raa To 1.The District Collector, Collectorate, Villupuram.

2.The Special District Revenue Officer, (Land Acquisition), NH-68, National Highways No.68, II Gate, Ram Nagar Road, Behind S.K.C's Silk House, Salem Town & District.

3.The Special Tahsildar(Land Acquisition), National Highways No.68, 10c, Narayanasamy Street, Behind Head Post Office, South Udaiyarpalayam, Attur Taluk, Salem District-636 102.

M.M.SUNDRESH,J.

raa W.P.No.42603 of 2016 22.06.2017 http://www.judis.nic.in