K.N.Ayya Samy, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.10.2018 C O R A M THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN Writ Petition Nos.27884 & 27886 of 2018 K.N.Ayyasamy ... Petitioner in W.P.No.27884 of 2018 P.Sivakami ... Petitioner in W.P.No.27886 of 2018 Vs.

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, (Land Acquisition), O/o. Revenue Divisional Office, Brough Road, Erode-1. ... Respondents in both the WPs Prayer in W.P.Nos.27884 & 27886 of 2018: Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to pass orders on the basis of the enquiry conducted on 17.03.2017 U/s.28(A) of Land Acquisition Act by taking note of compensation fixed in L.A.O.P. No.3 of 2014, dated 12.04.2014 and fix the compensation as per order passed in National Mega Lok Adalath in Case No.254 of 2014 on the file of the Sub Court, Erode.

For Petitioners : Mr.C.Prakasam For Respondent : Mr.M.Elumalai, in W.P.No.27884 of 2018 Government Advocate. For Respondent : Mr.D.Raja, in W.P.No.27886 of 2018 Additional Government Pleader. C O M M O N O R D E R The Writ Petitions have been filed seeking a direction to the first respondent to pass orders on the petitioners' application filed under Section 28(A) of the Land Acquisition Act.

2. According to the petitioners, the petitioners lands were https://hcservices.ecourts.gov.in/hcservices/

acquired by the Government for Tamilnadu Housing Board. Subsequently an award was also passed, based on an order passed in the reference proceedings initiated under Section 18 of the Land Acquisition Act, by the neighbouring landowners, the petitioners have filed applications under Section 28(A) of the Land Acquisition Act, seeking similar enhancement. Based on the applications an enquiry was also conducted by the 1st respondent on 13.03.2017. Wherein, the petitioners appeared and submitted their objections, so far no order has been passed, hence they have filed the present Writ Petitions.

3. The learned Counsel appearing for the respondents on instructions submitted that now the enquiry is over and now the 1st respondent will pass orders within the time fixed by this Court.

4. Considering the above circumstances, the 1st respondent is directed to pass suitable orders on the petitioners' application on merits and in accordance with law, within a period of four weeks from the date of receipt of copy of this order.

5. The Writ Petitions are disposed of with the above direction. No Costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar msvm To

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, (Land Acquisition), O/o. Revenue Divisional Office, Brough Road, Erode-1.

+2ccs to Mr.C.Prakasam, Advocate, S.R.No.72346 and 72347 +2ccs to the Government Pleader, S.R.No.73054 and 73055 Writ Petition Nos.27884 & 27886 of 2018 rrs 30/10/2018 https://hcservices.ecourts.gov.in/hcservices/