Madras High CourtWP(MD)/20156/2015disposed of

P. Thayammal v. The Revenue Divisional Officer

2017-10-06Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20156 of 2015 1.P.Thayammal 2.P.Jeyaram 3.P.Haribalakrishnan 4.P.Jeya 5.T.Jeyaprakasamathi 6.P.Malar 7.P.Jeyanavarathinam 8.P.Jeyaraj 9.G.Sundaraj 10.G.S.V.Akshaya 11.G.S.Venkateshprabhu ... Petitioners vs.

The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to pay the compensation at Rs.1,400/- per cent together with statutory benefits based on the representation 05.09.2011. For Petitioners : Mr.A.Sivaji For Respondent : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondent to pay the compensation at Rs.1,400/- per cent together with statutory benefits based on the representation dated 05.09.2011.

2.The case of the petitioners is that the Government has acquired some extent of lands belonged to the petitioners for the purpose of constructing quarters for Armed Reserve Men and awarded compensation of Rs.1,000/- per cent. Aggrieved by the quantum of compensation awarded, a reference was made under Section 18 of the Land Acquisition Act, 1894 before the Land Acquisition Tribunal. The https://hcservices.ecourts.gov.in/hcservices/

Tribunal/respondent herein has enhanced the compensation to the tune of Rs.1,400/- per cent and in order to redetermine the enhanced compensation amount, the petitioner has given a representation dated 05.09.2011, but, so far, the respondent has not considered the same. Hence, the petitioner is before this Court with the above prayer. 3.Heard the learned counsel for the petitioners and the learned Additional Government Pleader for the respondent. 4.The learned Additional Government Pleader appearing for the respondent would submit that if a reasonable time is granted to the respondent, the representation of the petitioner will be considered and suitable orders passed.

5.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the respondent to consider the representation of the petitioner dated 05.09.2011 on par with other land owners and pass appropriate orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioners are at liberty to produce relevant materials before the respondent for consideration.

6.With the above direction, this petition is disposed of. No costs. WMP(MD) No.13862 of 2015 is closed in view of the liberty granted to the petitioners for placing the materials for consideration.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

+ 2 CC TO Mr.A,SIVAJI, ADVOCATE IN SR Nos. 81872, 81981 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 82133 MJ TE/GT/SAR-IV : 23/10/2017 : 2P/5C W.P(MD) No.20156 of 2015 06.10.2017 https://hcservices.ecourts.gov.in/hcservices/