← Library
Madras High CourtWP/26873/2018disposed of

Ashok Gupta, v. The District Collector,

2023-12-19Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.12.2023

CORAM:

THE HON'BLE MR JUSTICE P. VELMURUGAN Ashok Gupta

...Petitioner

Versus

1.The District Collector, Chennai District.

2.The Land Acquisition Officer/ Additional Personal Assistant to the Collector, Room No.216, 2nd Floor, Chennai Metro Rail Project Administrative Building, Koyambedu, Chennai - 600 107.

3.The Managing Director, Chennai Metro Rail Project Room No.216, 2nd Floor, Chennai Metro Rail Project Administrative Building, Koyambedu, Chennai - 600 107.

4.The District Revenue Officer (DRO), Chennai Metro Rail Project, Room No.216, 2nd Floor, Chennai Metro Rail Project Administrative Building, Koyambedu, Chennai - 600 107.

5.Revenue Divisional Officer and Land Divisional Officer, Egmore Revenue Division, Chennai - 600 031.

6.Mr.Sanjay Gupta 7.Mr.Mohit Gupta 8.Mr.Akash Gupta 9.Rajendra Kumar Gupta 10.Mr.N.Devendra Gupta 11.Mr.Tarun Gupta 12.Mr.Arun Gupta 13.MrsAnupam Bansal 14.Mrs.Latha Gupta 15.Mrs.Sudha Gupta 16.Mrs.Rajini Gupta 17.Mrs.Hema Gupta 18.Mrs.Beena Gupta (R6 to R18 are impleaded vide Court order dated 08.01.2019, made in W.M.P.No.32955 of 2018 in W.P.No.26873 of 2018) Prayer:This writ petition is filed under Article 226 of the Constitution of India, with a prayer to issue a writ of Mandamus directing the respondents herein to dispose of representation dated 01.09.2018 pending before the Respondents herein, within a time frame, as may be stipulated by this Hon'ble Court.

For Petitioners :

Mr.M.Kempraj For Respondents :

Mr.R.P.Murugan Raja

R1,R2,R4 & R5 Government Advocate CMRL-R3 :

Mrs.Rita Chandrasekar Standing Counsel R7 to R18 :

Not Ready in Notice.

O R D E R

This Writ Petition is filed to issue a simple Writ of Mandamus to direct the respondent Nos.1 to 5 herein to dispose of the representation dated 01.09.2018, pending before the respondent Nos.1 to 5 herein, within a time frame, as may be stipulated by this Court.

2. Mr.M.Kempraj, learned counsel for the petitioners submitted, the concern of the petitioners is that even though the sale deed was duly registered by earlier vendors but the patta still is not in the name of the petitioners which is the basis to decide the Award and allocation of the compensation to the rightful owners. Hence the petitioners sent a representation dated 01.09.2018 to all the respondents herein requesting to kindly keep informed about the proceedings, correspondence, development and transaction involving the undivided shares in the properties and titles under S.No.3327 wherein the petitioners are also the co-sharers and entitled to receive compensation towards the acquisition of the aforementioned property in the name of the petitioners and they

are requested, not to disburse any compensation towards the property of the petitioners to any of the third parties. After receiving the said representation, the respondents herein neither sent any reply nor taken any action on the above said representation dated 01.09.2018.

3. This Court directs the respondent Nos.1 to 5 herein to consider the representation of the petitioner dated 01.09.2018. It is made clear that before passing order on the said representation dated 07.09.2018, the respondent Nos.1 to 5 herein shall conduct enquiry and give opportunity of hearing to the petitioners and the affected parties and respondent Nos.6 to 18 and thereafter and pass appropriate orders, on merits and in accordance with law within a period of six (6) weeks from the date of receipt of copy of this order and in accordance with law.

4. This Writ Petition stands disposed of with the above observations and directions. There shall be no order as to costs. 19.12.2023 (2/2) Index :Yes/No Speaking :Yes/No nst

To:

1.The District Collector, Chennai District.

2.The Land Acquisition Officer/ Additional Personal Assistant to the Collector, Room No.216, 2nd Floor, Chennai Metro Rail Project Administrative Building, Koyambedu, Chennai - 600 107.

3.The Managing Director, Chennai Metro Rail Project Room No.216, 2nd Floor, Chennai Metro Rail Project Administrative Building, Koyambedu, Chennai - 600 107.

4.The District Revenue Officer (DRO), Chennai Metro Rail Project, Room No.216, 2nd Floor, Chennai Metro Rail Project Administrative Building, Koyambedu, Chennai - 600 107.

5.Revenue Divisional Officer and Land Divisional Officer, Egmore Revenue Division, Chennai - 600 031.

P. VELMURUGAN,J.

nst 19.12.2023 (2/2)