M.Mohamed Idhris v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :10.09.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.11363 of 2020 Mohamed Idhris
...Petitioner
Vs 1.The District Collector, Sivagangai District, Sivagangai.
2.The District Revenue Officer, Sivagangai District, Sivagangai.
3.The Deputy Collector / Competent Authority, Indian Oil Corporation Limited, SRPL Pipe Line Project, Trichy.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to acquire the required land for fixing pipeline comprised in Survey Nos. 63/2, 63/5 and 63/6 of Piranpatti Village, Singampunari Taluk, Sivagangai District under Land Acquisition Act and to fix fair compensation to the petitioner instead of proceeding to acquire right of user of land under Petroleum and Minerals Pipelines (Acquisition of right of user in land) Act, 1962 by considering the petitioners representation dated 08.08.2020.
For Petitioner : Mr.M.Ajmalkhan For Respondents : Mrs.V.P.M.Vaishnavi Government Advocate
ORDER
This Writ Petition is filed to direct the respondents to acquire the land for fixing the Pipelines in S.Nos. 63/2, 63/5 and 63/6 situated at Piranpatti Village, Singampunari Taluk, Sivagangai District under Land Acquisition Act and to fix compensation for the aforesaid acquisition to the petitioner.
2.By consent, this Writ Petition is taken up for final disposal at the stage of admission itself.
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3.According to the petitioner, with the relief sought for in the prayer, though he made a representation dated 08.08.2020 to the 1st respondent, so far no action has been taken. Hence, the petitioner is before this Court for the relief stated supra. 4.In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 08.08.2020, would be duly considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.In the light of the above, without expressing any opinion on the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 08.08.2020 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
6.With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The District Revenue Officer, Sivagangai District, Sivagangai.
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3.The Deputy Collector / Competent Authority, Indian Oil Corporation Limited, SRPL Pipe Line Project, Trichy.
+1 CC to Mr.K. CHENIZ KHAN, Advocate ( SR-16755[F] dated 14/09/2020 ) W.P.(MD) No.11363 of 2020 10.09.2020 VB (18.09.2020) 3P 5C 3/3