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Madras High CourtWP/7069/2016disposed of

V.Anandan, v. The District Collector,

2016-02-26Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 26.02.2016

CORAM

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM WP.No.7069 of 2016 V.Anandan ..Petitioner

Versus

1.The District Collector, Chennai District.

2.The Tahsildar, Ambattur.

..Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 22.01.2016 and accordingly pay enhanced compensation for the land comprised in survey No.224/2B and 224/3B in Menampedu Village, Ambattur Taluk within the district of Chennai acquired in award No.6/1989 dated 30.12.1989 within a time frame to be fixed by this Hon'ble Court.

For Petitioner : Ms.Dakshayani Reddy For Respondents : Mr.R.Lakshmi Narayanan, AGP

ORDER

Heard the learned counsel for the petitioner and Mr.R.Lakshmi Narayanan, learned Additional Government Pleader accepting notice on behalf of the respondents and with their consent, the writ petition is taken up for final disposal at the admission stage.

The petitioner has filed the present writ petition claiming that the respondents have not considered his representation claiming enhanced compensation for the lands which were acquired from him. The petitioner would state that already the amount which was ordered to be paid, was received by him on 08.08.1991 and on the very next day, he has sent a representation, requesting for a reference to the Civil Court for claiming enhanced compensation. This has been followed by a reminder dated 09.10.1992 and since, there was no reply, the petitioner sought under the Right to Information Act, 2005, for furnishing copy of the Award and it was only there, the copy of https://hcservices.ecourts.gov.in/hcservices/

the Award dated 30.12.1989 was furnished to him on 24.09.2007. Thereafter, the petitioner has also submitted further representation on 22.01.2016. till date the respondents appeared to have not intimated the petitioner, the factual position, as to whether the petitioner's request for making a reference was within time and such other matters. In any event, the representations having been made, it is, but, appropriate for the 2nd respondent to send a reply setting out all the facts so as to enable the petitioner to know where he stands. In the light of the above, without going into the merits of the petitioner's claim, there will be a direction to the 2nd respondent to consider the petitioner's representation dated 22.01.2016 and intimate the petitioner in writing, the factual situation within a period of three weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar AP To 1.The District Collector, Chennai District.

2.The Tahsildar, Ambattur.

+1cc to Mrs. Dakshayani Reddy, Advocate, S.R.No.12251 +1cc to the Government Pleader, S.R.No.12558 SKV(CO) EU(09/03/2016) WP.No.7069 of 2016 https://hcservices.ecourts.gov.in/hcservices/