Pawan Kanwar v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.12.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 35570 of 2024 Pawan Kanwar
...Petitioner
Vs.
1.The Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Fort st. George, Chennai - 600009. 2.The Managing Director, Chennai Metro Rails Ltd, (METROS), Administrative Office, Anna Salai, Nandanam, Chennai -600035.
3.The District Collector, Collectorate Office, M.Singaravelan Maaligai, 62, Rajaji Salai, Chennai - 600001.
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4.The District Revenue Officer and LO, Chennai Metro Rails Ltd, (METROS), Administrative Office, Anna Salai, Nandanam, Chennai - 600035.
5.The Special Tahsildar (LA) and Land Acquisition Officer, Chennai Unit II, Chennai Metro Rail Ltd, (METROS), Anna Salai, Nandanam, Chennai -600035
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 1 to 5 to consider the petitioner's representation dated 23.10.2024 and pay compensation to the petitioner for the lands comprised in T.S.No. 22 in new Door No. 19/8A, Villivakkam Village, Sembiam Sub District situated at Old Door No. 8/1 and 8/2, Reddy Street, Villivakkam, Chennai -600 049, in old survey No. 11/A-7B.
For Petitioner :
Mr. N.Srinivasan For Respondents :
Mr. A.Selvendran 1, 3 to 5 Special Government Pleader.
For Respondent 2:
Mrs. Rita Chandrasekar.
Standing Counsel.
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O R D E R
The Writ Petition is filed for the following relief: "To direct the respondents 1 to 5 to consider the petitioner's representation dated 23.10.2024 and pay compensation to the petitioner for the lands comprised in T.S.No. 22 in new Door No. 19/8A, Villivakkam Village, Sembiam Sub District situated at Old Door No. 8/1 and 8/2, Reddy Street, Villivakkam, Chennai -600 049, in old survey No. 11/A-7B".
2. Aggrieved by the fact that the respondents had not granted compensation for the land acquired from the petitioner but had only granted compensation for the structure put up therein, the petitioner had made an application dated 23.10.2024, requesting the respondents to pay compensation for the subject property. 3/7
3. The petitioner had purchased the land and building measuring an extent of 6708 sq.ft., with 200 sq.ft., superstructure bearing Door No.8/1 and 8/2, Villivakkam, Chennai, comprised in S.No.11/A07B, later T.S.No.22, under a registered sale deed dated 21.02.1986, from one Shri Venkatrathnam. The petitioner purchased both the land as well as the building. Therefore, the petitioner's contention is that she is entitled to compensation for the land as well. The representation which has been given by her has not been taken up for enquiry by the respondents. Therefore, the Writ Petition.
4. Heard the learned counsels on the either side and perused the records.
5. Considering the limited request, a mandamus is issued to the respondents to consider the representation of the petitioner dated 23.10.2024, by calling the petitioner for personal hearing, examining the documents submitted by her and thereafter pass orders on merits. 4/7
In case of rejection, a speaking order shall be passed. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.
6. The Writ Petition is allowed. No costs.
03.12.2024 Index : Yes/No Internet : Yes/No kan 5/7
To 1.The Secretary, Housing and Urban Development Department, Government of Tamil Nadu, Secretariat, Fort st. George, Chennai - 600009. 2.The Managing Director, Chennai Metro Rails Ltd, (METROS), Administrative Office, Anna Salai, Nandanam, Chennai -600035.
3.The District Collector, Collectorate Office, M.Singaravelan Maaligai, 62, Rajaji Salai, Chennai - 600001.
4.The District Revenue Officer and LO, Chennai Metro Rails Ltd, (METROS), Administrative Office, Anna Salai, Nandanam, Chennai - 600035.
5.The Special Tahsildar (LA) and Land Acquisition Officer, Chennai Unit II, Chennai Metro Rail Ltd, (METROS), Anna Salai, Nandanam, Chennai -600035 6/7
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