Saraswathi v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33509 of 2018 Saraswathi .. Petitioner Vs.

1.The Secretary to Government, Public Works Department, Chennai - 600 009.

2. The Special Commissioner and, Commissioner of land Administration, Chepauk, Chennai 600 005.

3. The Collector, Palladam Road, Thirupur District.

4. The Revenue Divisional officer, Dharapuram 5.The Engineer, Public Works Department, Amaravathi Vadi Nelakottam, Dharapuram - 638 656. .. Respondents PRAYER: Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to dispose the petitioner's representation dated 26.11.2018 within time framed manner. For Petitioner : Mr.K.Sudhakar For Respondents : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself. 2.

The petitioner has come up with this writ petition seeking a direction to the third respondent to dispose of the representation dated 26.11.2018.

3.

According to the learned counsel for the petitioner, the petitioner is a senior citizen, who is aged about 70 years and his property is situated at Chinnaputhur Village, where many lands were acquired by the Government to improve the branch canals of Amaravathy main canal. Till now, the respondents had not passed any award to the farmers with respect to the acquired lands. It is stated that one Sellamuthu, who belongs to the same Village, had filed a Writ Petition in W.P.No.33843 of 2015 before this Court directing the respondents to pay the adequate compensation to the petitioner and it seems that a Contempt Petition was also filed by him. Thereafter, the first respondent had passed a Government Order in G.O.Ms.No.273 dated 12.10.2018 sanctioning amount to farmers, who belonged to Chinnakampalayam Village. But, the respondents had not taken any steps in this regard.

Hence, the petitioner gave a representation dated 26.11.2018 requesting to pay the adequate compensation for the acquired lands, but, the said representation is yet to be disposed of by the third respondent. Hence, the petitioner is before this Court.

4.

Heard Mr.V.Shanmugasundar, learned Special Government Pleader on behalf of the respondents.

5.

Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the third respondent to consider the petitioner's representation dated 26.11.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

6.

With the above directions, this writ petition stands disposed of. No costs.

srn/av Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Secretary to Government, Public Works Department, Chennai - 600 009.

2. The Special Commissioner and, Commissioner of land Administration, Chepauk, Chennai 600 005.

3. The Collector, Palladam Road, Thirupur District.

4. The Revenue Divisional officer, Dharapuram 5.The Engineer, Public Works Department, Amaravathi Vadi Nelakottam, Dharapuram - 638 656.

+1cc to Mr.K.Sudhakar, Advocate, S.R.No.88153 W.P.No.33509 of 2018 MR(CO) KAK(21/01/2019)