Madras High CourtWP(MD)/17584/2017disposed of

T.Balasundaram, v. The District Collector

2017-09-19Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.17584 of 2017

1. T.Balasundaram

2. R.Ramalekshmi ... Petitioners -vs1. The District Collector, Kanyakumari District, Nagercoil.

2. The Competent Authority, and Special Divisional Officer, L.A., National Highway, Tirunelveli.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 23.06.2017 seeking enhancement of the award under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 within time stipulated by this Honble Court.

For Petitioners : Mr.T.Selvakumaran For R1 & R2 : Mr.M.Alagathevan Spl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondents herein to consider the petitioner's representation dated 23.06.2017 seeking enhancement of the award under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

2. Heard the learned counsel on either side.

3. The case of the petitioners is that they are owners of 35 cents of land, which were acquired for the purpose of proposed four lane highway road formation project, by fixing Rs.57.20/- per sq.mtr. and aggrieved by such fixation, they filed appeal before https://hcservices.ecourts.gov.in/hcservices/

the District Collector and a sum of Rs.51,32,676/- was deposited without any notice by the District Collector. It is the further case of the petitioners that they are entitled to fair compensation under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and in this regard, they also submitted a representation dated 23.06.2017 to the respondents. Since there was no action on the part of the respondents, the petitioners are before this Court with the above prayer.

4. The learned Special Government Pleader appearing for R1 & R2 would submit that if a reasonable time is granted to the respondents, the application of the petitioner will be considered and suitable orders passed.

5. In view of the above submission, this Court, without going into the merits of the matter, directs the respondents to consider the representation dated 23.06.2017, filed by the petitioner and pass appropriate orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Competent Authority, and Special Divisional Officer, L.A., National Highway, Tirunelveli.

+1 cc to Mr.T.Selvakumaran, Advocate, SR.No. 80108 +1cc to The Special Government Pleader in SR.No.79883 AR AE/MR KKR/SAR1/28.09.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD) No.17584 of 2017 19.09.2017