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Madras High CourtWP(MD)/586/2015disposed of

C. Panneer Selvam v. The District Collector

2015-01-20Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.586 of 2015 C.Panneer Selvam : Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Special Tahsildar [Land Acquisition], Airport Extension, Unit I, Madurai 625 020.

3.The Airport Authorities of India, Madurai Airport, Madurai 625 025. : Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the respondents to pay an interim compensation to the acquisition of the petitioner's lands in Survey No.469/2 measuring 1.94.0 Hectares and situated in Ayanpapakudi Village, Madurai Corporation Limit, Madurai, in pursuant to the notification dated 04.05.2012. For Petitioner : Mr.G.Prabhu Rajadurai For Respondents : Mr.S.Chandrasekar Government Advocate

O R D E R

*********** Mr.S.Chandrasekar, learned Government Advocate, takes notice for the respondents. By consent, the Writ Petition is taken up for disposal at the stage of admission itself.

2. Even though the petitioner has come up with the present Writ Petition, seeking a Writ of Mandamus directing the respondents to pay an interim compensation to the acquisition of the petitioner's lands in Survey No.469/2 measuring 1.94.0 Hectares and situated in Ayanpapakudi Village, Madurai Corporation Limit, Madurai, pursuant to the notification dated 04.05.2012, the learned counsel appearing https://hcservices.ecourts.gov.in/hcservices/

for the petitioner, at the time of arguments, would submit that the petitioner will be satisfied, if a direction is issued to the first respondent to consider the representation of the petitioner dated 13.12.2014 and pass appropriate orders on merits and in accordance with law, within a stipulated time.

3. Considering the limited scope of the prayer now sought for by the petitioner and without expressing any opinion on the merits of the matter, a direction is issued to the first respondent to consider the representation of the petitioner, dated 13.12.2014, and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion regarding the entitlement of the petitioner and it is for the authority concerned to decide the issue purely on merits.

4. The Writ Petition is disposed of on the above terms. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Special Tahsildar [Land Acquisition], Airport Extension, Unit I, Madurai 625 020.

3.The Airport Authorities of India, Madurai Airport, Madurai 625 025.

+1cc to Special Government Pleader in SR.No. 2530 +1cc to Mr. G. Prabhu Rajadurai, Advocate in SR.No.2476 nb SSB/17.02.2015/2P-6C ORDER MADE IN W.P.(MD)No.586 of 2015 DATED - 20.01.2015 https://hcservices.ecourts.gov.in/hcservices/