P.Suchitra v. Special Officer And Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN P.Suchitra ... Petitioner versus 1.Special Officer & Commissioner, Commissionerate of Land Reforms, Urban Land Ceiling Department, Ezhilagam, Chepauk, Chennai - 600 005, 2.Special Officer, Urban Land Ceiling Department, No.5, 1st floor, Sannathi St, Opp. LIC, Poonamallee, Chennai - 600 056.
3.The Special Tahsildhar, Land & Estate, Chennai Metropolitan Water Supply and Swerage Board, Chidadripet, Chennai - 600 002.
4.General Manager, Chennai Metropolitan Water Supply and Swerage Board, Chidadripet, Chennai - 600 002.
Pg.Nos.1/6
5.Tahsildhar, Taluk Office, Tiruvallur Road, Gandhi Nagar, Poonamallee, Chennai - 600 053.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus to consider the petitioner's representation dated 20.09.2023 and direct the respondents 2 and 3 either to cancel the land acquired vide proceedings, Award No.8/93, dated 25.11.1993 of Plot No.26A in Survey No.201/2B1A, earlier 201/2B at Vanagaram Village, Poonamallee Taluk, Tiruvallur District or make the compensation as per the the present market value. For Petitioner :
Mr.M.L.Ravi For Respondents :
Mr.P.Gurunathan Additional Government Pleader for R1 to R3 and R5
O R D E R
Mr.P.Gurunathan, learned Additional Government Pleader accepts notice for respondents 1 to 3 and 5. Since no adverse order is being passed as against the fourth respondent, notice to the fourth respondent is dispensed with.
Pg.Nos.2/6
2. The petitioner herein has given a representation to the respondents on 20.09.2023, seeking to re-convey her land comprised in Plot No.26A in Survey No.201/2B1A, earlier 201/2B at Vanagaram Village, Poonamallee Taluk, Tiruvallur District, which was acquired through acquisition proceedings and Award No.8/93, dated 25.11.1993 or pay the compensation as per the present market value. Since there was no response from the respondents, the present Writ Petition has been filed by the petitioner.
3. Today, the learned counsel for the petitioner submitted that it would suffice, if a direction is issued to respondents 2 and 3 to consider the representation of the petitioner dated 20.09.2023, within a stipulated time as fixed by this Court.
4. Learned Additional Government Pleader appearing for respondents 1 to 3 and 5 submitted that the respondents may be directed to consider the petitioner's representation and pass orders on merits in accordance with law. \
5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the Pg.Nos.3/6
petitioner, without expressing any opinion with regard to the merits of the case, the respondents are directed to consider the representation of the petitioner dated 20.09.2023, and pass appropriate orders, on merits and in accordance with law, after giving notice to the petitioner and interested parties/rival claimants and after conducting enquiry, within a period of two months from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. However, there shall be no order as to costs. 13.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.4/6
To 1.The Special Officer & Commissioner, Commissionerate of Land Reforms, Urban Land Ceiling Department, Ezhilagam, Chepauk, Chennai - 600 005, 2.The Special Officer, Urban Land Ceiling Department, No.5, 1st floor, Sannathi St, Opp. LIC, Poonamallee, Chennai - 600 056.
3.The Special Tahsildhar, Land & Estate, Chennai Metropolitan Water Supply and Swerage Board, Chidadripet, Chennai - 600 002.
4.The General Manager, Chennai Metropolitan Water Supply and Swerage Board, Chidadripet, Chennai - 600 002.
5.The Tahsildhar, Taluk Office, Tiruvallur Road, Gandhi Nagar, Poonamallee, Chennai - 600 053.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 13.12.2023 Pg.Nos.6/6