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Madras High CourtWP/31976/2022disposed of

T.Hema Malini v. Additional Chief Secretary Government,

2022-11-30Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI T.Hema Malini

...Petitioner

Vs.

1. The Additional Chief Secretary to Government, (Transport), St.George Fort, Chennai.

2.The Collector, Kancheepuram, Kancheepuram District.

3.The Special Tahsildar (Land Acquisition) Unit - 1, Chennai Airport Expansion Scheme, Sriperumbudur, @ Alandur Taluk Office, Kancheepuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner representation dated 20.08.2022 and pass within a period of time frame to be fixed by this Hon'ble Court.

For Petitioner : Mr.O.V.Krishnan For Respondents : Mr.U.Baranidharan Additional Government Pleader 1/4

O R D E R

This petition has been filed seeking a direction to the respondents to consider the petitioner representation dated 20.08.2022 and pass within a period of time frame to be fixed by this Hon'ble Court.

2. It is the case of the petitioner that the petitioner is the owner of the subject lands and the same stood in the name of the petitioner and her brother in the revenue records. In the year 2018, the petitioners lands were acquired by the respondents under the Harijan Welfare Act and no award is passed so far by the respondents. Therefore, the petitioner made a representation dated 20.08.2022 to the third respondent to complete the acquisition proceedings and pass award to the petitioner. Till date, the same is not considered and hence, the petitioner has filed the present writ petition before this Court seeking an appropriate remedy.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioners representation and pass an award within the reasonable time as fixed by this Court and fix the fair compensation in respect of the acquired lands in terms of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation 2/4

and Resettlement act 2013 (Central Act 30 of 2013).

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, directs the third respondent to consider the petitioner's representation dated 20.08.2022 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, if not already disposed.

6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

30.11.2022 Index : Yes / No Speaking order : Yes / No rli 3/4

M.DHANDAPANI, J.

rli To 1.Additional Chief Secretary to Government, (Transport), St.George Fort, Chennai.

2.The Collector, Kancheepuram, Kancheepuram District.

3.The Special Tahsildar (Land Acquisition) Unit - 1, Chennai Airport Expansion Scheme, Sriperumbudur, @ Alandur Taluk Office, Kancheepuram District 30.11.2022 4/4