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Madras High CourtWP(MD)/11482/2019disposed of

V.Rajakumar v. The Special Tahsildar

2019-06-03Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.11482 of 2019 V.Rajakumari ... Petitioner Vs.

The Special Thasildar (Land Acquisition) Airport Extension Office, Phase-I, Madurai - 20.

... Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of of Mandamus, directing the respondent to pay petitioner the compensation amount on receiving the registration copies of the sale deed dated 29.11.1982 and the other relevant records in respect of the property comprised in R.S.No.463/3 to an extent of 2609 sq.feet (Plot NO.12) Ayan Pappakudi Village Madurai South Taluk, Madurai on the basis of the petitioner representation dated 12.04.2019.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondent : Mrs.Vaishnavi, G.A.

O R D E R

The prayer in this writ petition is for a writ of Mandamus, directing the respondent to pay the petitioner the compensation amount on receiving the registration copies of the sale deed dated 29.11.1982 and the other relevant records in respect of the property comprised in R.S.No.463/3 to an extent of 2609 sq.feet (Plot NO.12) Ayan Pappakudi Village Madurai South Taluk Madurai on the basis of the petitioner representation dated 12.04.2019. 2.Heard Mr.R.G.Shankar Ganesh, the learned counsel appearing for the petitioner and Mrs.Vaishnavi, the learned Government Advocate appearing for the respondent.

3.The petitioner's land sought to be acquired by the respondent's department and in this regard, in order to give compensation, a notice of enquiry was issued by the respondent on 05.04.2019, directing the petitioner to produce the original https://hcservices.ecourts.gov.in/hcservices/

document concerned with regard to the land in question. However, it is the case of the petitioner that, though the land belongs to the petitioner, due to the dispute between the family members, the land documents had been taken by the son of the petitioner, with the result, the petitioner was not in a position to produce the original. However, certified copies of the same can be produced by the petitioner, based on which, the petitioner wanted the respondent department to consider the plea of the petitioner for payment of compensation. Accordingly, the petitioner has given a representation dated 12.04.2019.

4.The learned counsel appearing for the petitioner wants that representation dated 12.04.2019 to be considered and an order to that effect shall be passed on merits and in accordance with law. 5.Considering the said limited scope of the prayer now has been sought for by the learned counsel appearing for the petitioner, this Court is inclined to pass the following order: "that the petitioner's representation dated 12.04.2019 shall be considered by the respondent on merits and in accordance with law and pass orders thereon, within a period of eight weeks from the date of receipt of a copy of this order."

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS + ) To The Special Thasildar (Land Acquisition) Airport Extension Office, Phase-I, Madurai - 20.

+1 CC to Mr. R.G.SHANKAR GANESH, Advocate SR-67124. +1 CC to SPL GP SR-66713.

W.P(MD)No.11482 of 2019 03.06.2019 CS: (12/06/2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/