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Madras High CourtWP(MD)/18583/2017disposed of

S.Saroja v. The District Collector

2017-10-06Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18583 of 2017 S.Saroja ... Petitioner Vs.

1. The District Collector, Kanyakumari District.

2. The Special District Revenue Officer, Land Acquisition (NHA), Tirunelveli @ Nagercoil,

3. The Special Tahsildar, Land Acquisition, Unit III, Vilavancode, Kanyakumari District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for issuance a writ of Mandamus, directing the respondents to disburse the amount in the petitioner's land in S.R.No.286/3 within a stipulated period by considering the representation of the petitioner dated 02.01.2017. For Petitioner : Mr.H.Velavadhas For Respondents : Mr.M.Alaguthevan, Special Government Pleader For R1 to R3.

ORDER

This writ petition is filed seeking a writ of Mandamus, to direct the respondents to disburse the amount in the petitioner's land in S.R.No.286/3 within a stipulated time. 2.The learned counsel appearing for the petitioner would submit that the petitioner's husband purchased the property in survey No.286/3, situated at Thiruvithancode Village, Kalkulam Taluk, Kanyakumari District, through a registered sale deed dated 18.10.1976 and they were in possession and enjoyment of the same. While so, the third respondent had acquired the aforesaid property for laying four way lane, for which compensation was also announced. Subsequently, the petitioner's husband who approached the authorities for the compensation till he was alive i.e till 18.09.2016, failed to get the same and thereafter, all the steps https://hcservices.ecourts.gov.in/hcservices/

taken by the petitioner for disbursement of the compensation amount also ended in vain. So, the petitioner sent a representation on 02.01.2017, to the second respondent, claiming to disburse the compensation which was followed by a reminder on 17.07.2017. However, till date no action has been taken by the respondent on her representations. Therefore, having no other option, the petitioner is before this Court, seeking to direct the respondents to consider her claim.

3.The learned Special government Pleader appearing for the respondents would submit that the claim of the petitioner would be considered on merits, within the time stipulated. 4.Considering the limited scope of the relief sought, this Court, without going into the merits of the case, directs the respondents to consider the representations of the petitioner dated 02.01.2017 and 17.07.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above directions, the writ petition is disposed of. No Cost.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Kanyakumari District.

2. The Special District Revenue Officer, Land Acquisition (NHA), Tirunelveli @Nagercoil,

3. The Special Tahsildar, Land Acquisition, Unit III, Vilavancode, Kanyakumari District.

+1cc to M/S. H.VELAVADHAS, Advocate, SR.No.81857. ORDER MADE IN W.P(MD)No.18583 of 2017 06.10.2017 https://hcservices.ecourts.gov.in/hcservices/ dsk SDS/SV:MMS/SAR 2/23.10.2017/2P/5C