Arumugam.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY K.Arumugam ... Petitioner Vs.

1. The District Collector, Madurai District,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer,

3. The Tahsildar, Land Acquisition, Thirumangalam Tahsildar Office, ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 03.03.2021 within a period of time stipulated by this Hon'ble Court and direct the respondent to acquire the land of the petitioner in Old Survey No.117 and new survey No.1117/A and 111/7B in Ettunali pudur, Vidathaikulam Utkadai, Thirumangalam Taluk, Madurai, in accordance with the procedure laid down in the Tamilnadu Land Acquisition Act, 1894.

For Petitioner : Mr.AN.Ramanathan for Mr.k.Muthu Ganesa Pandian For Respondent : Mr.P.Subbaraj, Counsel for State

O R D E R

The petitioner states that he purchased the property bearing old Survey No.111/7 which now bears new Survey Nos.111/7A and 111/7B in Ettunali pudur, Vidathaikulam Utkadai, Thirumangalam Taluk,

2. The petitioner states that the respondents herein intend to lay a road which would also pass through the petitioner's land and had initiated action in such regard. Accordingly, the petitioner had 1/3

submitted a representation on 03.03.2021 to the respondents to act in accordance with the applicable land acquisition law and pay the requisite compensation in such event. Although the petitioner's representation was forwarded to the Additional Chief Secretary to Government for appropriate action under letter dated 17.03.2021 from the Deputy Secretary to Government, it is stated that no action was taken thereon.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents and, without prejudice to his contentions on the merits of the matter, states that the Tahsildar would consider and dispose of the petitioner's representation.

4. From the documents on record, it is unclear as to whether the respondents intend to acquire the petitioner's land and lands contiguous thereto in relation to the laying of the road or for any other public purpose. Nevertheless, the documents on record evidence that the petitioner's representation in such regard has been forwarded by the Deputy Secretary to Government to the Additional Chief Secretary to Government for appropriate action.

5. Accordingly, without going into the merits of the matter, the third respondent herein is directed to consider and dispose of the petitioner's representation dated 03.03.2021 by a reasoned order after providing a reasonable opportunity of hearing to the petitioner within a period of two months from the date of receipt of a copy of this order.

6. W.P(MD).No.13489 of 2021 is disposed of on the above terms without any order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To

1. The District Collector, Madurai District,

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, 2/3

3. The Tahsildar, Land Acquisition, Thirumangalam Tahsildar Office, +1 CC to M/s.GP ( SR-25362[F] dated 05/08/2021 ) 04.08.2021 MGJ(11.08.2021) 3P 5C 3/3