Madras High CourtWP/29713/2018disposed of

Kulandai Jayaraj v. The District Collector

2018-11-12Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 29713 of 2018 Kulandai Jayaraj ... Petitioner 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 PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue appropriate Writs, orders or Directions and in particular issue a Writ of Mandamus, directing the 1st respondent to pass orders on the basis of the enquiry conducted U/s.28(A) of the Land Acquisition Act on 17.03.2017 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 Sub-Court, Erode.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.Elumalai, Government Pleader

O R D E R

This writ petition has been filed directing the 1st respondent to pass orders on the basis of enquiry conducted under Sec.28(A) of Land Acquisition Act.

2. The grievance of the petitioner is that the petitioner has filed an application under Sec.28(A) of the Land Acquisition Act, before the 1st respondent as early as on 13.06.2016, and 27.02.2017, seeking for the enhancement of compensation. Based on the application, the 1st respondent District Collector has also called for enquiry on 17.03.2017 and the petitioner has also appeared for enquiry and submitted his objections. Despite the same, so far, no order has been passed. Hence, the present Writ Petition has been filed by the petitioner. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the fact that the enquiry was already held on 17.03.2017, the 1st respondent is directed to complete the enquiry and pass suitable orders on merit and in accordance with law within a period of six weeks from the date of receipt of the copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rpp To 1.The District Collector, Erode District, Erode.

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

+1cc to Mr.C.Prakasam, Advocate, S.R.No.77257 +1cc to the Government Pleader, S.R.No.77435 W.P. 29713 of 2018 JP(CO) rrs 04/12/2018 https://hcservices.ecourts.gov.in/hcservices/