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Madras High CourtWP(MD)/20726/2017disposed of

Rajamani, S/O.Retna Nadar, v. The Industrial Secretary,

2017-11-10Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2017

CORAM

THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.20726 of 2017 and W.M.P(MD).No.16997 of 2017 Rajamani ... Petitioner -vs1.The Industrial Secretary, Government of Tamil Nadu, Fort St George, Chennai-600009.

2.The District Collector, Tirunelveli District, Tirunelveli.

3.Sub Collector, Cheranmahadevi, Tirunelveli District.

4.The Joint Director, Agricultural Department, Tirunelveli District.

5.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

... Respondents Prayer: Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, forbearing the respondents from subjecting his agricultural property to the extent of Cent 72 in Survey No.1948, Cents 74 in Survey No.1949 with well and 3HP electric motor pump set at Panagudi village, Radhapuram Taluk, Tirunelveli District, without strictly following section 10 of Right to Fair Compensation and Transparency in land Acquisition and rehabilitation and resettlement Act, 2013 (Act 30 of 2013) and by considering the petitioner's representation dated 11.08.2017. For Petitioner : Mr.S.R.Anabarasu For Respondents : Mr.M.Alaguthevan Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

ORDER

By consent, the writ petition is taken up for final disposal at the stage of admission itself.

2.According to the petitioner, in his land in survey No.1948 at Panagudi, Tirunelveli District, multi crops are cultivated. Alleging that the fifth respondent is intending to acquire the said land for the use of ISRO, which is functioning near his land, sent a representation dated 11.08.2017 to the respondents seeking exemption from acquisition. Since no action has been taken by the respondents, the petitioner is before this Court.

3.The learned Special Government Pleader, on instructions, submitted that the representation would be considered on merits within the time stipulated by this Court.

4.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representation dated 11.08.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as to the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The Secretary, Industries Department, Government of Tamil Nadu, Fort St George, Chennai-600009.

2.The District Collector, Tirunelveli District,Tirunelveli.

3.Sub Collector, Cheranmahadevi,Tirunelveli District.

4.The Joint Director, Agricultural Department,Tirunelveli District. 5.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

+One cc to Mr.S.R.Anbarasu, Advocate, SR.No.87014 +One cc to The Special Government Pleader, SR.No.86921 dsk RL/8C/2P/KK/SAR1/23/11/2017 W.P(MD).No.20726 of 2017 10.11.2017 https://hcservices.ecourts.gov.in/hcservices/