Madras High CourtWP(MD)/23168/2017disposed of

J.Jayamani v. The District Collector

2017-12-18Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2017

CORAM:

THE HON'BLE Mr.JUSTICE R.MAHADEVAN W.P(MD)No.23168 of 2017 J.Jayamani ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Special Tahsildar (Land Acquistion), Madurai Airport Extension, Madurai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to either release the petitioner's land or determine and pay compensation in respect of the acquisition of Petitioner's land in Plot No.36, R.S.No.316/1, Perungudi Village, Madurai, South Taluk, Madurai in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, by considering the Petitioner's representation dated 24.11.2017.

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

O R D E R

This writ petition has been filed seeking a direction to the respondents either to release the petitioner's land or determine and pay compensation in respect of the land acquired in Plot No.36, R.S.No.316/1, Perungudi Village, Madurai, South Taluk, Madurai in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, by considering the petitioner's representation dated 24.11.2017.

2. By consent, this writ petition is taken up for final disposal at the stage of admission itself. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3. The case of the petitioner is that the subject mentioned property belongs to her and the same was acquired, by the authorities, for the purpose of expansion of Madurai Airport. However, till date, compensation in respect of such acquisition has not been granted. Aggrieved over the same, she has given a representation dated 24.11.2017 to the respondents and as the same is kept pending, without any action, she is before this Court.

4. When the matter is taken up for hearing today, the learned Special Government Pleader, on instructions, submitted that the authorities are inclined to pass appropriate orders, on the representation of the petitioner, within a stipulated time limit.

5. Under such circumstances, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 24.11.2017, in line with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Special Tahsildar (Land Acquistion), Madurai Airport Extension, Madurai.

+One cc to Mr.S.Premkumar, Advocate, SR.No.93403 +One cc to The Special Government Pleader, SR.No.93734 ck RL/5C/2P/KK/SAR1/4/1/2018 W.P.(MD)No.23168 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 18.12.2017