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Madras High CourtWP(MD)/18166/2017disposed of

Ramasamy Gounder v. The State Of Tamilnadu

2017-09-22Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.18166 of 2017 Ramasamy Goundar ... Petitioner Vs.

1. The State of Tamil Nadu, Principal Secretary to Government, Public Works Department, Secretariat, St. George Fort, Chennai - 9.

2. The District Collector, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, Palani, Dindigul District.

4. The Chief Engineer, Public Works Department, Water Resources Department, Coimbatore Region, Coimbatore - 1.

5. The Executive Engineer, Public Works Department (WRO), Palani, Dindigul District.

6. The Assistant Executive Engineer, Public Works Department (WRO), Palani, Dindigul District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to give compensation of Rs.42,75,000/- to the petitioner for the land acquired in S.No.500/1B2, 502/2 admeasuring about 0.35.5 & 0.15.5 Ares respectively at Kolumakondan Village, Palani Taluk, Dindigul District.

For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.S.Kumar, Additional Government Pleader *****

ORDER

By consent, this writ petition itself is taken up for final disposal.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

3. The case of the petitioner is that though his lands in S.No.500/1B2, 502/2 to an extent of 0.35.5 & 0.15.5 acres were acquired by the respondents, necessary compensation amount for the same was not awarded, despite repeated representations. Therefore, W.P(MD)No.6838 of 2009 came to be filed, which was later dismissed as withdrawn, based on the assurance given by the second respondent that compensation will be awarded as early as possible. Pursuant thereto, the fourth respondent has forwarded a letter to the first respondent in Letter No.AA2(3)/13560/2013 (12287,12338) dated 26.11.2013, requesting sanction of the acquisition amount of Rs.42,75,000/-. Though the letter of the fourth respondent was addressed to the first respondent as early as on 2013, no fruitful steps were taken on the part of the first respondent, which constrained the petitioner to file this writ petition.

4. Considering the facts and circumstances of the case, this Court, without going into the merits of the case, directs the first respondent to consider the claim of the petitioner in line with the communication of the fourth respondent dated 26.11.2013 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar

To

1. The Principal Secretary to Government, The State of Tamil Nadu, Public Works Department, Secretariat, St. George Fort, Chennai - 9.

2. The District Collector, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Chief Engineer, Public Works Department, Water Resources Department, Coimbatore Region, Coimbatore - 1.

5. The Executive Engineer, Public Works Department (WRO), Palani, Dindigul District.

6. The Assistant Executive Engineer, Public Works Department (WRO), Palani, Dindigul District.

+ 1 cc TO Mr.R.Jegadeeswaran , Advocate in SR No. 80803 +1cc to The Special Government Pleader in SR.No.81038 gk AE/KP/SAR3/10.01.2017/3P/9C W.P.(MD)No.18166 of 2017 22.09.2017