Venugopal v. The Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Venugopal ... Petitioner vs.

1.The Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil Division, Sankarankovil, Tenkasi District.

3.The Executive Engineer, Public Works Department, (Water Resource Organization) Uppar Vaipar Basing Division, Rajapalayam - 626 117, Virudhunagar District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the first respondent to disburse the enhanced compensation amount to the petitioner's land in the light of the second respondent's recommendation in Na.Ka.No.A1/ 426/2020, dated 15.10.2021, based on the petitioner's representation dated 16.12.2022.

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For Petitioner : Mr.P.Ponraj For R1 to R3 : Mr.SRA.Ramachandran Additional Government Pleader

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to disburse the enhanced compensation amount to the petitioner's land, in the light of the second respondent's recommendation in Na.Ka.No.A1/426/2020, dated 15.10.2021, based on his representation dated 16.12.2022.

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

3. According to the petitioner, he has filed a petition under Section 28-A of the Land Acquisition Act, to fix the compensation of the land acquired, in view of the order passed in W.P.(MD).Nos.15757 of 2014 to 15759 of 2014, dated 24.09.2014, before the Revenue Divisional Officer, Tirunelveli on 16.08.2021. The second respondent has forwarded the said representation to the first respondent through his proceedings dated 2/5

05.10.2021. Though the second respondent has recommended his claim positively, the first respondent has not taken any further action. Hence, the petitioner has sent a detailed representation to the respondents on 16.12.2020 and the same is still pending without passing any orders. Therefore, the present writ petition has been filed.

4. Mr.SRA.Ramachandran, learned Additional Government Pleader takes notice for the respondents.

5. Considering the above said facts, this Court directs the first respondent to consider the petitioner's representation dated 16.12.2022 and pass appropriate orders, in the light of the order passed in W.P. (MD).Nos.15757 of 2014 to 15759 of 2014, dated 24.09.2014, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Sankarankovil Division, Sankarankovil, Tenkasi District.

3.The Executive Engineer, Public Works Department, (Water Resource Organization) Uppar Vaipar Basing Division, Rajapalayam - 626 117, Virudhunagar District.

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V.BHAVANI SUBBAROYAN ,J.

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