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Madras High CourtWP(MD)/20716/2016disposed of

T.M.Palaniyandi v. The District Collector

2016-10-26Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20716 of 2016 T.M.Palaniyandi ... Petitioner vs.

1)The District Collector, Karur District, Karur.

2)The Revenue Divisional Officer (NH-67), Kulithalai, Karur District.

3)The Special Tahsildar, (Land Acquisition), NH-67, Trichy-Karur Division, Kulithalai, Karur District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to take appropriate action and to pay just and adequate compensation to the petitioner on the basis of the petitioner's representation dated 29.04.2016 within the time frame as may be fixed by this Hon'ble Court.

For Petitioner : Mr.V.Balaji For Respondents : Mr.M.Murugan, Government Advocate

ORDER

This Writ of Mandamus has been filed to direct the respondents to pay just and adequate compensation to the petitioner for his acquired lands, on the basis of the petitioner's representation dated 29.04.2016 within the time frame as may be fixed by this Court.

2.The petitioner along with his wife are the absolute owners of the lands comprised in S.Nos.76/3B, 76/3C, 62/1B, 64/1, 64/2, 69/2A of Thirukampuliyoor Village, Krishnarayapuram Talulk, Karur District; the said lands were acquired for the purpose of extension of National Highway No.67 (Thiruchirapalli-Karur Division); the 3rd respondent by Notification dated 19.12.2008, acquired the said lands belonging to the petitioner; though the compensation was awarded, https://hcservices.ecourts.gov.in/hcservices/

according to the petitioner, it was not properly awarded in consideration of the market value of the subject lands at the relevant point of time; hence, claiming enhancement of compensation, the petitioner made a representation dated 24.11.2011; the 2nd respondent sent a reply directing the petitioner to prefer an Appeal to the 1st respondent and accordingly, the petitioner preferred an Appeal on 08.12.2011 furnishing additional particulars as to the prevalent market value of the acquired lands; despite reminders sent by the petitioner on 13.08.2012 and 31.12.2012, the 1st respondent did not take any action and therefore, the petitioner has filed this writ petition.

3.The learned counsel appearing for the respondents would submit that it is agreeable for the 1st respondent to consider the representation of the petitioner dated 29.04.2016 and to pass orders within a time frame.

4.Recording the above submission, without expressing any opinion on the merits of the claim, this Writ Petition is disposed of directing the 1st respondent to consider the representation of the petitioner dated 29.04.2016 and to pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1)The District Collector, Karur District, Karur.

2)The Revenue Divisional Officer (NH-67), Kulithalai, Karur District.

3)The Special Tahsildar, (Land Acquisition), NH-67, Trichy-Karur Division, Kulithalai, Karur District.

+ 1 CC TO Mr.V.BALAJI, ADVOCATE IN SR No. 64366 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 64957 NBI TE/SKS-RR : 15/11/2016 : 2P/6C W.P(MD)No.20716 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 26.10.2016