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Madras High CourtWP/34977/2022disposed of

M.Radhakrishnan v. District Collector

2023-01-03Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34977 of 2022 M.Radhakrishnan ... Petitioner -Vs1.District Collector, Villupuram.

2. Sub Collector, Tindivanam ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to consider the representation dated 26.09.2022 within a time to be fixed by this Court.

For Petitioner : Mr.G.Baskar For Respondents : Mr.P.Sathish Additional Government Pleader 1/5

ORDER

The prayer sought for herein is for a writ of mandamus directing the respondents herein to consider the representation dated 26.09.2022 within a time to be fixed by this Court.

2. The petitioner's land at S.No.10/7 measuring 0.005.0 hectors at Melamvilangai Village, Tindivanam Taluk was acquired for Railway purpose under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.

3. Section 7(5) notice was issued and according to the learned Additional Government Pleader appearing for the respondents, thereafter compensation would be fixed.

4. However, in the meanwhile, the petitioner had given representation on 26.09.2022 to the respondents stating that since the land in question acquired from the petitioner is in the midst of the residential area, where the area has been developed as a residential colony, suitable compensation is to be fixed. 2/5

5. In order to consider the said representation of the petitioner and to pass orders thereon the petitioner has moved the present writ petition.

6. Heard Mr.G.Baskar, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents.

7. Learned Additional Government Pleader appearing for the respondents would submit that the said request of the petitioner through his representation dated 26.09.2022 also would be taken into account before finalizing or determining the compensation by the Authorities concerned.

8. Having taken note of the said stand taken by the learned Additional Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the respondents to consider the representation of the petitioner dated 26.09.2022 while finalizing or determining the compensation payable to 3/5

the petitioner and accordingly, pass necessary orders by fixing the compensation for the land of the petitioner acquired for the said purpose.

With this direction, this writ petition is disposed of. No costs. 03.01.2023 Index : Yes/No Speaking order: Yes/No mp To 1.District Collector, Villupuram.

2. Sub Collector, Tindivanam 4/5

R. SURESH KUMAR, J.

mp Writ Petition No.34977 of 2022 03.01.2023 5/5