Chandirasekhar.K v. The District Collector
W.P.(MD).No.12473 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12473 of 2021 K.Chandirasekaran ... Petitioner Vs.
1. The District Collector, District Collector Office, Raja Colony, Tiruchirappalli-620 001.
2. The District Revenue Officer, Land Acquisition Officer, District Collector Office, Raja Colony, Tiruchirappalli-620 001.
3. The Special Tahsildar (LA), Unit-2, Villupuram-Dindigul Gauge Conversion, Having office at Collector Office, Tiruchirappalli-620 001.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the first respondent to refer the Award No.1 of 2020 dated 04.12.2020 to the competent Court to determine fair compensation as mandated under Section 8 of the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 and for consequential orders. For Petitioner : Mr.Govindchandrasekar For R1 to R3 : Mr.M.Lingadurai, Government Advocate
ORDER
This Writ Petition has been filed for the issue of a writ of Mandamus, directing the first respondent to refer award, dated 04.12.2020, before the competent Court for enhancement of compensation under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (herein after referred as 'the Act'). 2.The case of the petitioner is that he was the absolute owner of the subject property. The property was acquired under the Act. Thereafter, award proceedings were initiated and an award was passed by the first respondent through proceedings, dated 04.12.2020. The petitioner was not satisfied with the compensation that was determined by the first respondent. Hence, the petitioner issued a notice to the respondents, on 01.03.2021, requesting for referring the matter before the competent Civil Court under Section 8 of the https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.12473 of 2021 Act. Since the same was not acted upon, the present writ petition has been filed before this Court, seeking for appropriate directions.
3.Heard Mr.Govindchandrasekar, learned counsel for the petitioner and Mr.M.Lingadurai, learned Government Advocate for the respondents.
4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the petitioner to make a fresh representation to the first respondent within a period of one week from the date of receipt of a copy of this order. The first respondent on receipt of the same, shall refer the matter to the competent Civil Court, within a period of four weeks thereafter. 5.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, District Collector Office, Raja Colony, Tiruchirappalli-620 001.
2. The District Revenue Officer, Land Acquisition Officer, District Collector Office, Raja Colony, Tiruchirappalli-620 001.
3. The Special Tahsildar (LA), Unit-2, Villupuram-Dindigul Gauge Conversion, Having office at Collector Office, Tiruchirappalli-620 001.
+1 CC to M/s.SPL GP (SR-24035[F] dated 27/07/2021) W.P.(MD).No.12473 of 2021 26.07.2021 RC (02.08.2021) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2