Madras High CourtWP(MD)/4982/2022disposed of

Veeranan.P v. The District Collector

2022-03-22Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Veeranan ... Petitioner Vs 1.The District Collector, Madurai, Madurai District.

2.The Special Tahsildar (Land Acquisition), Madurai Airport Extension Unit - II, Old Ramanathapuram - Madurai Collector Office Building, Madurai, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pass award for the compensation of petitioner's dwelling house property in Survey No.270/2D in Door No.3/187A, situated at Parambupatti Village, Perungudi Panchayat, Madurai District, as per the 2018 guideline value of the Tamilnadu Government, based on the petitioner's representation, dated 01.03.2022. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents, to consider the petitioner's representation, dated 01.03.2022, requesting the respondents to pass fresh award for the petitioner's house situated in Survey No.270/2D in Door No.3/187A, situated at Parambupatti Village, Perungudi Panchayat, Madurai District and pass final orders, within a time frame to be fixed by this Court.

2.According to the petitioner, the first respondent has passed an award under the Tamilnadu Acquisition of Land for Industrial Purpose Act, 1997 and determined the compensation in respect of the petitioner's mother's house property situated in door No.3/187 and the amount was sanctioned and paid to the petitioner's mother's bank account. However, according to the petitioner, though his house property was also acquired, no award has been passed in respect of the same determining the compensation payable to the 1/3

petitioner. In such circumstances, the petitioner has given a representation on 01.03.2022, requesting the respondents to consider and pass fresh award for the petitioner's house situated in S.No.270/2D in door No.3/187A. Since the representation has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.J.Jeyakumaran, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

4.The petitioner has filed documents along with the writ petition in support of his contention. The house tax receipt for the subject house, for which, the petitioner claims that compensation was not paid, has been filed. It is for the respondents to consider the same on merits and in accordance with law before passing final orders on the petitioner's representation referred to supra.

5.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner including granting him the right of personal hearing, within a time frame to be fixed by this Court. 6.Accordingly, this Court directs the respondents to consider the petitioner's representation, dated 01.03.2022, requesting the respondents to pay the compensation for the petitioner's dwelling house situated in S.No.270/2D, Door No.3/187A, situated at Parambupatti Village, Perungudi Panchayat, Madurai District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting him the right of personal hearing, within a period of four months from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID19 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.

To 1.The District Collector, Madurai District.

Madurai.

2.The Special Tahsildar (Land Acquisition), Madurai Airport Extension Unit - II, Old Ramanathapuram - Madurai Collector Office Building, Madurai, Madurai District.

+1 CC to M/s.J.JEYAKUMARAN, Advocate ( SR-13570[F] dated 22/03/2022 ) +1 CC to M/s.SPL GP ( SR-13932[F] dated 23/03/2022 ) 22.03.2022 SVS(CO) KP(04.04.2022) 3P 5C 3/3