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Madras High CourtWP/30128/2022disposed of

R.Rajendiran v. The Secretary To Government

2022-11-14Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Rajendran ... Petitioner Vs 1.The Secretary to Government , State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 9.

2.The District Collector, O/o. District Collectorate Office, Thiruvallur District, Thirvuallur.

3.The Member Secretary, 4.The District Revenue Officer (L.A.), CMDA, Egmore, Chennai - 600 008.

5.The Special Tahsildar (Land Acquisition), ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 12.09.2022 within a stipulated time fixed 1/6

by this Court.

For Petitioners : Mr.M.Kalaiyarasan For Respondents : Mr.T.K.Saravanan Government Advocate

ORDER

This Writ Petition has been filed to direct the respondents to consider the petitioner's representation dated 12.09.2022 within a stipulated time fixed by this Court.

2.The case of the petitioner is that, the property comprised in S.F.No.197/1-A measuring an extent of Acres 0.05 1⁄2 Cents and the same was registered as Sub-Registrar Office, Poonamalle is a self acquired property registered as Doc.No.3424 of 1998 dated 05.05.1988. The petitioner is in absolute enjoyment and possession of the property from the date of purchase. While so, the land measuring an extent of about 8.23.5 Hectares situated in Nemilichery Village, Poonamallee Taluk, Thiruvallur district was acquired for the purpose of formation of an outer Ring Road by the Chennai Metropolitan Development Authority, which includes the petitioner's land. Thereafter, 4(1) notification was issued on 05.01.2000 2/6

and an Award was passed in Award No.1/2002 dated 31.01.2002. Therefore, the petitioner made a representation dated 12.09.2022 to the respondents along with relevant documents to grant fair and justifiable compensation. However, till date, the said representation was not considered by the respondents. Hence, the petitioner has filed the present Writ Petition.

3.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 12.09.2022 and pass orders on the same within a particular time frame fixed by this Court.

4.Mr.T.K.Saravanan, learned Government Advocate, appearing for the respondents submits that if any direction is given by this Court, the same will be complied with.

5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused 3/6

the materials available on record.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondent to consider the petitioner's representation dated 12.09.2022 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.

14.11.2022 Index : Yes/No Speaking Order : Yes/No gba To 1.The Secretary to Government , State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Chennai - 9.

2.The District Collector, O/o. District Collectorate Office, Thiruvallur District, Thirvuallur.

3.The Member Secretary, 4/6

4.The District Revenue Officer (L.A.), CMDA, Egmore, Chennai - 600 008.

5.The Special Tahsildar (Land Acquisition), M.DHANDAPANI,J.

gba 5/6

14.11.2022 6/6