Rama. Sevugan Chettiar, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.09.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.8745 of 2019 and W.M.P.(MD) No.6798 of 2019 Rama.Sevugan Chettiar ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.
2.The Block Development Officer, Madurai East Panchayat Union, Near PTR Mahal, Thallakulam, Madurai.
3.The Taluk Assistant Surveyor, Madurai East Taluk, Y.Narasingam, Y.Othakadai, Madurai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 02.09.2018 to survey the petitioner's land as per the layout and pay compensation at the rate of 500 per Sq.ft. for the petitioner's patta lands in S.Nos.89/3B1B and 89/4B2B situated at Narasingam 4 Bit Village, Arumbanoor Sub Division, Madurai for an extent of 5117 Sq.ft. in which the 2nd respondent has laid roads without the petitioner's consent or acquisition as per law and cost of Rs.1 lakh for 3 Tamarind Trees.
For Petitioner : Mr.V.Karthikeyan For Respondents: Mr.M.Rajarajan Additional Government Pleader 1/3
ORDER
This writ petition is filed to direct the respondents to survey and to pay compensation at the rate of 500 per Sq.ft. for the land in S.Nos.89/3B1B and 89/4B2B situated at Narasingam 4 Bit Village, Arumbanoor Sub Division, Madurai, measuring to an extent of 5117 Sq.ft., 2.The grievance of the petitioner is that with the relief sought for in the prayer, though he made a representation dated 02.09.2018 before the respondents, so far no action has been taken. Hence, the petitioner is before this Court.
3.From the available records, it is seen that though several opportunities have been given to the learned Additional Government Pleader, no counter affidavit is filed on behalf of the respondents. 4.In the light of the above, based on the available materials on record and having regard to the limited scope of the prayer made by the petitioner, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- the 1st respondent is directed to consider the petitioner's representation dated 02.09.2018 on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after providing opportunities to the parties concerned;
5.This Writ Petition is disposed of, with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.
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To 1.The District Collector, Madurai District, Madurai.
2.The Block Development Officer, Madurai East Panchayat Union, Near PTR Mahal, Thallakulam, Madurai.
3.The Taluk Assistant Surveyor, Madurai East Taluk, Y.Narasingam, Y.Othakadai, Madurai District.
+1 CC to M/s.V. PERUMAL, Advocate ( SR-16158[F] dated 07/09/2020 ) W.P.(MD) No.8745 of 2019 07.09.2020 mm SDS (16.09.2020) 3P-5C 3/3