S. Muthuveerappan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.12445 of 2017 S.Muthuveerappan

...Petitioner

-Vs 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Land Acquisition Officer and District Revenue Officer, Thoothukudi District, Thoothukudi.

3.The Special Tahsildar, (Land Acquisition) Unit-2 Office, Air Force Development Authority, Thoothukudi District, Thoothukudi.

...Respondents

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and pass appropriate orders with regard to the petitioner's representation dated 13.04.2017 with regard to the petitioner's Agricultural Lands are situated in S.No.135/2A, S.No.138/1B2, S.No.123/1A2 and S.No.143/2B (Joint patta in the name of 3 persons) and also his wife name of the lands in S.No.59/3, S.No.147/2A1 and S.No.58/1A3A (Joint patta in the name of 3 persons) which were situated at Kumaragiri Village, Thoothukudi Taluk and District.

For Petitioner : Mr.K.Sankar For Respondents : Mr.C.Selvaraj Special Government Pleader

O R D E R

The prayer sought for in the writ petition is to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioner dated 13.04.2017. 2.Heard Mr.K.Sankar, learned Counsel appearing for the petitioner, Mr.C.Selvaraj, Special Government Pleader appearing for the respondents and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/

3.The case of the petitioner is that the petitioner and his wife are having lands in Survey Nos.138/1B2, 135/2A, 123/1A2, 143/2B and in Survey Nos. 59/3, 147/2A1 and 58/1A3A in Kumaragiri Village, Thoothukudi Taluk and District. It is further stated that the respondents have acquired the land of the petitioner for the development of Thoothukudi Air Force under the Tamil Nadu Acquisition of Land for Industrial Purpose act, 1997 (Tamil Nadu Act 10 of 1999).

4. The grievance of the petitioner is that though the third respondent had issued a notice, dated 30.05.2014 to determine the compensation, so far the award was not passed. The petitioner sent a representation, dated 13.04.2017 seeking enhancement of compensation. On that representation also, the third respondent has not passed any order.

5.The learned Additional Government Pleader, on instructions, would state that the third respondent at the time of passing orders, would consider the representation of the petitioner, dated 13.04.2017.The submission is recorded.

6.It is seen from the records, a notice was sent to determine compensation in the year 2014. This Court fails to understand the reason for this long delay in passing award.

7.Hence, the respondents are directed to consider the grievance expressed by the petitioner and pass 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.

8.Accordingly, this writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS-I) / True Copy / Sub Assistant Registrar(C.S.) To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Land Acquisition Officer and District Revenue Officer, Thoothukudi District, Thoothukudi.

3.The Special Tahsildar, (Land Acquisition) Unit-2 Office, Air Force Development Authority, Thoothukudi District,Thoothukudi.

+1cc to M/S.K.SANKAR, Advocate SR.No.63463 +1cc to Special Government Pleader, SR.No.64017 msa/km MAS/JC/SAR4:26.07.2017:2P-6C W.P.(MD)No.12445 of 2017 05.07.2017 https://hcservices.ecourts.gov.in/hcservices/