Tamilarasan, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 04.04.2016
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.5668 to 5670 of 2016 1 Tamilarasan .. Petitioner in W.P.No.5668 of 2016 2 Nachiyar .. Petitioner in W.P.No.5669 of 2016 3 Murugesan .. Petitioner in W.P.No.5670 of 2016 Vs 1 The District Collector Government of Puducherry Revenue Complex Saram, Puducherry.
2 The Deputy Collector (Revenue) North Land Acquisition Officer New Saram, Puducherry.
.. Respondents in all W.Ps.
Common Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus , to direct the respondents to refer the names of the petitioners to determine the claim for apportionment under S.30 of the Land Acquisition Act 1894 for the property admeasuring 1200 Sq.ft or thereabouts comprised in Plot Nos.53, 48 & 54 respectively, R.S. No. 46/3, Cad No. 737, situated at Olgarate Municipality, Karuvadikuppam Revenue Village, Pondicherry, by considering the representation dt.11.09.2015.
For Petitioners : Mr.G.Rajan For Respondents : Mr.A.Tamilvanan, Government Advocate (Puducherry) C O M M O N O R D E R Heard Mr.G.Rajan, learned Counsel appearing for the petitioners and Mr.A.Tamilvanan, learned Government Advocate (Puducherry) accepting notice for the respondent. With the consent of the learned counsel on either side, the Writ Petitions are taken up for final disposal.
2.The petitioners have come forward with these Writ Petitions for issuance of writ of mandamus by directing the respondents to refer their names for determination of their claims for appointment under section 30 of the Land
Acquisition Act, 1894, for the property measuring an extent of 1200 sq.ft. or thereabouts comprised in Plot Nos.53, 48 & 54 respectively, in R.S.No.46/3, Cad.No.737, situated at Olgarate Municipality, Karuvadikuppam Revenue Village, Pondicherry, by considering their individual representations dated 11.09.2015. 3.The learned counsel for the petitioners was directed to verify as to the stage of the L.A.O.P.No.198 of 2009, which was said to be pending before the Reference Court. It is brought to the notice of this Court that pursuant to the directions issued by this Court in W.P.No. 36530 to 36536 of 2015, the District Collector, the first respondent herein has passed an order on 17.12.2015, permitting impleadment of those petitioners.
4.In the light of the above, there will be a direction to the first respondent to consider the petitioners representations dated 11.09.2015, examine as to whether they are also similarly placed as that of the other petitioners and if it is so, similar benefit may be granted to them, by passing appropriate orders on merits. If the petitioners are not similarly placed persons as that of the other petitioners, then the first respondent shall pass a speaking order and communicate the same to the petitioners so as to enable them to work out their remedy in the manner known to law. The above direction shall be complied with by the first respondent, within a period of six weeks from the date of receipt of a copy of this order.
The Writ Petitions are disposed of accordingly. No costs.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar r p a
To 1 The District Collector Government of Puducherry Revenue Complex Saram, Puducherry.
2 The Deputy Collector (Revenue) North Land Acquisition Officer New Saram, Puducherry.
+ 1 cc to Mr.G. Rajan, Advocate Sr.21498 W.P.Nos.5668 to 5670 of 2016 VGI(CO) EU 20.04.16