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Madras High CourtWP(MD)/11000/2017disposed of

Karuppayee Ammal v. The District Collector

2017-10-03Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.11000 of 2017 Karupayee Ammal ... Petitioner -vs1.

The District Collector, Virudhunagar District, Virudhunagar.

2.

The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus by directing the respondents to disburse the balance compensation amount together with the statutory benefits forthwith based on the petitioner's representation dated 11.04.2017.

For Petitioner : Mr.S.Balaji For Respondents : Mr.J.Gunaseelan Muthiah, (R1 and R2) Govt. Advocate *****

O R D E R

This writ petition has been filed by the petitioner, seeking a direction to the respondents to disburse the compensation amount together with all statutory benefits, based on her representation dated 11.04.2017

2. According to the petitioner, the respondents had acquired her land, in S.No.160/7, Kooraikundu Village, Virudhunagar District, along with some other lands, in the year 1985 and awarded compensation for the said acquisition. Being dissatisfied with the same, after several rounds of litigation, this Court finally enhanced the compensation amount. It is the specific case of the petitioner that pursuant to the subsequent direction of the Hon'ble Apex Court in respect of adoption of same yardstick in the matter of award of compensation covered by the same notification, the petitioner along with others filed W.P(MD) No.13005 of 2014 and this Court, by order dated 21.08.2015, directed the respondents therein to consider and pass orders on the representation to be filed by the petitioners therein afresh, within four weeks. It is the further case of the petitioner that though she was one of the parties in the said writ petition, on https://hcservices.ecourts.gov.in/hcservices/

account of illiteracy and age factors, she was not able to submit the representation in time and has submitted the same along with required details only on 11.04.2017 for payment of balance compensation, which is kept pending without any action and hence, the petitioner is before this Court with the aforesaid prayer.

3. Heard the learned Counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents.

4. When the matter is taken up for hearing, the learned Counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner is disposed of by the authorities, in the manner known to law, within a stipulated time period.

5. Considering the facts and circumstances of the case, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 11.04.2017 and pass appropriate orders thereon, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six 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(ADII) /True Copy/ Sub-Assistant Registrar To 1.

The District Collector, Virudhunagar District, Virudhunagar.

2.

The Revenue Divisional Officer, Aruppukkottai, Virudhunagar District.

+One cc to Mr.S.Balaji, Advocate, SR.No.81464 +One cc to The Special Government Pleader, SR.No.81477 ar RL/5C/2P/KK/SAR1/10/10/2017 W.P.(MD)No.11000 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 03.10.2017