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Madras High CourtWP/33399/2025disposed of

Om Prakash v. The District Collector

2025-09-09Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 09.09.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Om Prakash ... Petitioner Vs.

1.The District Collector, Tiruvallur Collector Office, Tiruvallur District, Tiruvallur - 602 001.

2.The Special Tahsildar, (LA) V, Outer Ring Road Project, CMDA, Koyambedu, Chennai - 92.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to pass orders on the petitioner's representation dated 12.04.2024 for determination of the compensation amount under Section 28A of the land Acquisition Act, for the petitioner's Plot No.177, Bala Subramani Nagar, Vellanur Village, Avadi Taluk, Tiruvallur District, Comprised in S.No.87/2, measuring an extent of 2887 Sq.ft. 1/6

For Petitioner : Mr.N.Nagu Sah For Respondents : Ms.S.Indhu Bala, Additional Government Pleader

ORDER

The relief sought for in this writ petition is to direct the first respondent to pass orders on the petitioner's representation dated 12.04.2024 for determination of the compensation amount under Section 28A of the land Acquisition Act, for the petitioner's Plot No.177, Bala Subramani Nagar, Vellanur Village, Avadi Taluk, Tiruvallur District, Comprised in S.No.87/2, measuring an extent of 2887 Sq.ft.

2. M/s.S.Indhu Bala, learned Additional Government Pleader takes notice on behalf of the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

3. The case of the petitioner is that the petitioner is the owner of the property comprised in S.No.87/2, Plot No.177, measuring an extent 2/6

of 2887 sq.ft., situated at Bala Subramani Nagar, Vellanur Village, Avadi Traluk, Tiruvallur District. The said land was acquired by the second respondent for Outer Ring Road Project and awarded with meagre compensation of Rs.10,234/- for the entire property. Therefore, the petitioner requested the second respondent to refer the dispute to the Civil Court for enhancement of compensation. However, the same was not referred. Thereafter, the petitioner has sent a representation dated 12.04.2024 along with necessary documents to the first respondent, seeking determination of compensation amount under Section 28A of the land Acquisition Act, by virtue of order dated 21.12.2023, passed by the Sub-Ordinate Judge, Tiruvallur. However, the said representation was not considered by the first respondent, as on date. Hence, the petitioner has come forward with the present writ petition.

4. Though many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 12.04.2024 for determination of compensation 3/6

amount under Section 28A of the land Acquisition Act.

5. Learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation dated 12.04.2024 would be considered and appropriate orders passed within a time frame that may be fixed by this Court.

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

7. Considering the limited relief sought for by the learned counsel for the petitioner, this Court directs the first respondent to consider the petitioner's representation dated 12.04.2024 for determination of compensation amount under Section 28A of the land Acquisition Act, after giving due notice and opportunity of personal hearing to the petitioner as well as aggrieved persons, if any, and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 4/6

With the aforesaid direction, this writ petition is disposed of. No costs.

09.09.2025 Speaking/Non-speaking order Index : Yes / No vm To 1.The District Collector, Tiruvallur Collector Office, Tiruvallur District, Tiruvallur - 602 001.

2.The Special Tahsildar, (LA) V, Outer Ring Road Project, CMDA, Koyambedu, Chennai - 92.

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KRISHNAN RAMASAMY.J., vm 09.09.2025 6/6