S.Perumal v. The Special Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Perumal ... Petitioner in W.P.No.30328 of 2022 Malar ... Petitioner in W.P.No.30331 of 2022 Vs.

1.The Special Tahsildar (L.A.), Oragadam Industrial Park Road, Infrastructure Scheme, Ramanujar Lane, Sriperumbudur - 602 105.

2.The District Collector, Office of the District Collector at Kancheepuram, Kancheepuram District, Tamil Nadu.

... Respondents in both the W.Ps.

Common Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent/ Collector to refer the matter before the competent civil court for determination of market value/ fair compensation by considering the petitioner's representations dated 19.12.2021 and 02.04.2021 within the period stipulated by this Court. 1/5

For Petitioner in both the W.Ps. : Mr.P.Manikannan For Respondents in both the W.Ps. : Mr.K.M.D.Muhilan Government Advocate C O M M O N

O R D E R

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the respondent/ Collector to refer the matter before the competent civil court for determination of market value/ fair compensation by considering the petitioner's representations dated 19.12.2021 and 02.04.2021 within the period stipulated by this Court. 2.The learned counsel for the petitioner would submit that the petitioner is the land owner and the same is acquired by the Tamil Nadu State Highways Act, 2001 and an Award was passed on 31.10.2020. However, compensation arrived by the Land Acquisition Officer was very meagre. Therefore, the petitioner made a representation for enhancement of the compensation on 02.04.2021 and 09.12.2021. However, the same was not considered. Hence, the petitioner has filed the present Writ Petition. 2/5

3.Learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 2nd respondent to consider the petitioner's representation dated 07.09.2021 and pass orders on the same within a particular time frame fixed by this Court.

4.Learned Government Advocate appearing for the respondents would submit that though the petitioner made an application beyond the time limit prescribed under the Act, however, the petitioner's representation will be considered and appropriate orders will be passed. 5.Recording the above said submissions made by the Government Advocate, this Writ petition is disposed of. No costs. 16.11.2022 gba Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/5

To 1.The Special Tahsildar (L.A.), Oragadam Industrial Park Road, Infrastructure Scheme, Ramanujar Lane, Sriperumbudur - 602 105.

2.The District Collector, Office of the District Collector at Kancheepuram, Kancheepuram District, Tamil Nadu.

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M.DHANDAPANI,J.

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