Madras High CourtWP(MD)/10804/2016disposed of

K.Rajendran v. The District Collector

2017-08-08Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.10804 of 2016 K.Rajendran ... Petitioner Vs.

1.The District Collector (Arbitrator), Collectorate, Sivagangai District, Sivagangai.

2.The Special District Revenue Officer (L.A), National Highways, Collectorate, Ramanathapuram District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 27.10.2015 and enhance the compensation amount with solatium to the petitioner.

For Petitioner : Mr.S.Lingarasu For Respondents : Mr.M.Alagathevan, Special Government Pleader *****

ORDER

This writ petition has been filed by the petitioner to issue a Writ of Mandamus, to direct the first respondent to enhance the compensation amount, based on his representation dated 27.10.2015.

2. According to the petitioner, his PT Nanja lands in Survey Nos.33/2A2, 34/6A and 34/7A, situated at Malavarayanenthal, measuring to an total extent of 1247 Sq.mt., were acquired by the second respondent and a total sum of Rs.3,99,165/- (Rupees Three Lakh Ninety Nine Thousand One Hundred and Sixty Five only) was awarded and deposited to the petitioner, for the said acquisition. Being dis-satisfied with the award amount, the petitioner approached the first respondent by filing a representation dated 27.10.2015, seeking to enhance the compensation amount along with solatium. As the same has not been considered so far, the petitioner is before this Court.

3. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned Counsel for the petitioner would submit that it would suffice, if the representation of the petitioner dated 27.10.2015, is disposed of by the respondents as per law.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representation of the petitioner dated 27.10.2015 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AE) /Truecopy/ Sub Assistant Registrar To 1.The District Collector (Arbitrator), Collectorate, Sivagangai District, Sivagangai.

2.The Special District Revenue Officer (L.A), National Highways, Collectorate, Ramanathapuram District.

+1cc to Special Government Pleader, SR.No.71994 gk MAS/KK/SAR1:21.08.2017:2P-4C W.P.(MD)No.10804 of 2016 08.08.2017 https://hcservices.ecourts.gov.in/hcservices/