K.Subbaiah v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR 1.K.Subbaiah 2.N.Pandi 3.K.Ayyasamy 4.A.Perumal Naicker 5.R.Senthil Kumar 6.R.Radhakrishnan 7.R.Alageswari 8.R.Ramakkal 9.Palanichamy Naicker 10.Alagarsamy 11.Perumalakkal 12.Nagajothi 13.Palanichamy 14.Rukmani 15.Nagendran 16.Palanikumar 17.M.Velu 18.R.Subbakkal 19.R.Sethu 20.R.Jayaraj 21.S.Pappathi 22.Alagarsamy 23.Alagarsamy Naicker 24.Kaliammal 25.Chinnakkammal 26.Alagarsamy 1/6

27.Maraiah 28.Ramasamy 29.Chandrasekar 30.P.S.Manoharan 31.Shanthi 32.Muthulakshmi 33.Sathyanarayanamoorthy 34.Indumathi 35.K.Napinabaretty 36.Viniyojitha 37.Alagarsamy 38.Ramasamy 39.Periyagurusamy 40.Chinnagurusamy 41.Subbakkal 42.Pandi ... Petitioners Vs.

1.The Revenue Divisional Officer, Land Acquisition Officer, Madurai Ring Road Scheme, Madurai.

2.The Special Tahsildar (Land Acquisition), Madurai Ring Road Scheme, Madurai-625 020.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to refer the award Nos.3/90 in respect of the lands in Survey Nos.2/18, 3/18, 5/1B, 2/9B2, 2/9C1, 6/1I1, 6/2J1, 2/15A1, 2/1581, 3/2B, 3/4B, 3/5A, 3/6C1, 29/1B, 29/10B, 30/1D2, 30/2B1, 30/3A2, 30/3B2, 30/3C1, 30/3C1, 33/3B1, 2/12B, 2/16A2, 2/16B2, 29/11A and 32/1B at Puliangulam Village, Thirumangalam Taluk, Madurai District under 2/6

Section 18 of the Land Acquisition Act to the competent Civil Court as per the petitioners final representations, dated 20.09.2011. For Petitioners : Mr.M.P.Senthil For Respondents : Mr.N.Muthu Vijayan Special Government Pleader *****

O R D E R

The present writ petition has been filed seeking a writ of Mandamus, directing the first respondent to refer the award for the enhancement of compensation by invoking section 18 of the Land Acquisition Act, 1894.

2.Admittedly, an award has been passed by the second respondent hearin on 02.05.1990, in Award No.3 of 1990. According to the learned Counsel for the petitioner, he has sent a representation to the second respondent on 28.05.1990, seeking enhancement of compensation awarded and to refer the matter under Section 18 of Land Acquisition Act within the time stipulated. Since there was no response from the respondents, the present writ petition has been filed seeking a writ of 3/6

Mandamus, directing the first respondent to refer the award under section 18 of Land Acquisition Act.

3.Per Contra, the learned counsel for the respondents have filed a counter affidavit and contended that no such representation has been received from the petitioners on 28.05.1990. That apart, the representations have not been received on any other date within a period of 6 weeks from the date of the award. Hence, they are not in a position to refer the matter under section 18 of Land Acquisition Act . 4.A perusal of the typed set of papers indicates that various representations have been enclosed in the typed set of papers without any proper acknowledgement for being sent to the respondents. Hence, this Court is not in a position to arrive at a conclusion that the representations have been sent within the statutory period of 6 weeks from the date of the award. Therefore, the question of issuance of a writ of Mandamus to the respondents to refer the matter under section 18 of the Land Acquisition Act does not arise. The writ petition stands dismissed. However, the 4/6

petitioners are at liberty to approach the District Collector under Section 28 A of the Land Acquisition Act, 1894. In case, if they file an application within a period of three months from the date of the award passed by the Land Acquisition Tribunal, the same shall be decided on merits and in accordance with law.

5.Hence, the writ petition is dismissed. No costs. 02.08.2022 Index :

Yes / No (1/4) Internet :

Yes / No Tmg To 1.The Revenue Divisional Officer, Land Acquisition Officer, Madurai Ring Road Scheme, Madurai.

2.The Special Tahsildar (Land Acquisition), Madurai Ring Road Scheme, Madurai-625 020.

5/6

R.

VIJAYAKUMAR ,J.

Tmg Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

Order made in 02.08.2022 (1/4) 6/6