Madras High CourtWP/4614/2016disposed of

K.Suguna, v. The District Collector,

2016-02-11Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.4614 of 2016 K.Suguna ... Petitioner Vs.

1.The District Collector, District Collectorate, Kanchipuram District.

2.The Special Tashildar (Land Acquisition), Oragadam Extension Plan-2, Alagu -1, Sriperumbadur.

3.The Deputy Tashildar, Tashildar Office, Sriperambadur.

... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the respondents to provide particulars to the petitioner of land acquisition based on the representation dated 05.06.2012. For Petitioner : Mr.K.S.Ilangovan For Respondents : Mr.R.A.S.Senthilvel, AGP

ORDER

The petitioner has come up with the present writ petition for a mandamus, directing the respondents to provide particulars with regard to the land acquisition, based on her representation dated 05.06.2012.

2. It is the case of the petitioner that she owns an ancestral property measuring an extent of 4800 sq.ft. in plot Nos.27 and 28 in Survey Nos.153/4, 153/3, 153/6, 153/7 and 95/1 at Irungattukottai, Kamatchi Nagar, which stands in the name of her father. The above said lands were acquired by the Government for SIPCOT Scheme. When the petitioner came to know about the

same in the year 2012, she approached the second respondent to provide the details of the acquisition and the status of the award. But, no reply was received from the respondent. Hence, the petitioner gave an application under RTI Act on 20.05.2015 and the same was also not considered so far. Therefore, the petitioner has filed the present writ petition for the afore stated relief.

3. Heard Mr.K.S.Ilangovan, learned counsel appearing for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader appearing for the respondents. 4.Considering the facts and circumstances of the case, this Court permits the petitioner to submit a fresh representation requesting particulars of the land acquisition, along with a copy of this order to the second respondent within a period of two weeks from the date of receipt of a copy of this order. On filing of such representation, the second respondent is directed to consider the same, by affording an opportunity of personal hearing to the petitioner and pass appropriate orders within a period of six weeks thereafter. It is made clear that this Court is not expressing any opinion with regard to the merits of the claim made by the petitioner and it is for the second respondent to pass appropriate orders purely on merits and in accordance with law.

5.The writ petition is disposed of accordingly. No costs.

rk Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar TO 1.The District Collector, District Collectorate, Kanchipuram District.

2.The Special Tashildar (Land Acquisition), Oragadam Extension Plan-2, Alagu -1, Sriperumbadur. 3.The Deputy Tashildar, Tashildar Office, Sriperambadur.

+ 1 CC TO M/S.ACHARI & ANTONI ASSOCIATES, ADVOCATE SR 9036 + 1 CC TO THE GOVT.PLEADER, SR 9134 KR/7/3/16 W.P.No.4614 of 2016

Dated: 11.02.2016