S.Sankari v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN S.Sankari ... Petitioner Vs.
1. The District Collector Kanchipuram District Kanchipuram Collector Office Thaiyar Kulam Kanchipuram - 631 501
2. District Revenue Officer Kanchipuram District Kanchipuram
3. The Special Tahsildar (L.A.) Chennai City Water Ways Scheme Ambathur, Chennai - 600 053
4. Buvaneswari Housing and Land Developers Rep. by Partner A.Thayalan No.7, Arumugam Nagar Dhayalan Garden, Chinna Porur Chennai - 600 116 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 20.07.2023 to cancel and recall the award passed in land acquisition proceedings made in R.C.61288/2003/F2 dated 1/6
31.03.2006 and subsequent to proceedings made in Rc.13/2006/A dated 19.10.2007 by 3rd respondent and stop providing enhancement of compensation pertaining to Chennai City Water Ways Scheme at Thirumudivakkam Village for survey No.115/1 to the 4th respondent and issue compensation amount to petitioner's family. For Petitioner : Mr.J.S.Arunkumar For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1 to R3 Mr.Gokul Ram for R4
ORDER
This Writ Petition is filed for a writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 20.07.2023 to cancel and recall the award passed in land acquisition proceedings made in R.C.61288/2003/F2 dated 31.03.2006 and subsequent to proceedings made in Rc.13/2006/A dated 19.10.2007 by 3rd respondent and stop providing enhancement of compensation pertaining to Chennai City Water Ways Scheme at Thirumudivakkam Village for survey No.115/1 to the 4th respondent and issue compensation amount to petitioner's family. 2/6
2.Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 3rd respondent to dispose of the petitioner's representation dated 20.07.2023 within a stipulated time as may be fixed by this Court.
3. Mr.V.Veluchamy, learned Additional Government Pleader who takes notice for the respondents 1 to 3 submitted that the 3rd respondent may be directed to consider the petitioner's representation and pass orders on merits in accordance with law.
4. Heard Mr.Gokul Ram, appearing for the private respondent/4th respondent.
5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the 3rd respondent to consider the petitioner's representation dated 20.07.2023 and conduct enquiry and pass orders on 3/6
merits and in accordance with law, after giving notice to the petitioner and the 4th respondent and also interested parties/rival claimants if any, within a period of three months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 08.11.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6
To
1. The District Collector Kanchipuram District Kanchipuram Collector Office Thaiyar Kulam Kanchipuram - 631 501
2. District Revenue Officer Kanchipuram District Kanchipuram
3. The Special Tahsildar (L.A.) Chennai City Water Ways Scheme Ambathur, Chennai - 600 053 5/6
P.VELMURUGAN. J.
ksa-2 08.11.2023 6/6