P.Sundari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.30210 of 2022 and W.M.P.No.29642 of 2022 1.P.Sundari 2.C.MalarSelvi 3.A.Rajendran ... Petitioners Vs.
1.The District Collector, Thiruvallur District.
2.The Member Secretary C.M.D.A, Thalamuthu Natarjan Maligai, Egmore, Chennai - 18.
3.The Special Thasildar, O.R.R. Project C.M.D.A, Unit: IV Koyambedu, Chennai - 92.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus directing the first respondent to consider and dispose the petitioner's application dated 22.10.2018 on the file of the first respondent here in.
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For Petitioners :
Mr.V.Perumal For Respondents :
Mr.U.Bharanidharan, Additional Government Pleader
O R D E R
The petitioners have filed this writ petition for issuance of Writ of Mandamus directing the first respondent to consider and dispose the petitioners' application dated 22.10.2018 on the file of the first respondent.
2. At the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioners is that the petitioners are the owners of the land comprised in S.Nos.118/2, 117/15B and 118/1A and the said lands were acquired by the second respondent. Thereafter, award of compensation was fixed and the same was deposited in the accounts of land owners. This being the case, not satisfied with the compensation amount, the petitioners made an application dated 22.10.2018 before the first respondent to redetermine the compensation under Section 28A of the Land Acquisition Act, Page No.2 of 6
however, till date, no order was passed. Hence, this writ petition.
4. Learned counsel for the petitioners submits that it would suffice, if this Court issues direction to the first respondent to consider the petitioners' application dated 22.10.2018 and pass appropriate orders, within a time frame that may be fixed by this Court.
5. Learned Additional Government Pleader appearing for the respondents has no objection for the said direction being passed by this Court.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Considering the facts and circumstances, this Court without going into the merits of the case, directs the first respondent to consider the petitioners' application dated 22.10.2018 under Section 28A of the Land Acquisition Act and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
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8. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
1.The District Collector, Thiruvallur District.
2.The Member Secretary C.M.D.A, Thalamuthu Natarjan Maligai, Egmore, Chennai - 18.
3.The Special Thasildar, O.R.R. Project C.M.D.A, Unit: IV Koyambedu, Chennai - 92.
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M.DHANDAPANI,J.
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