Daya Rajalingam v. The District Collector

W.P.(MD) No.17924 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.17924 of 2020 Daya Rajalingam ... Petitioner Vs.

The District Collector, Trichy District, Trichy- 620 001.

... Respondent Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent herein to refer the petitioner's request for enhanced compensation with respect to the award made in reference Na.Ka.No.C1/7276/2018, dated 30.08.2018 to the concerned Land Acquisition Court upon considering the petitioner's representation dated 18.11.2019 within the time frame fixed by this Court.

For Petitioner : Mr.R.Anand For Respondent : Mr.K.P.Krishnadoss Special Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondent herein to refer the petitioner's request for enhanced compensation with respect to the award made in reference Na.Ka.No.C1/7276/2018, dated 30.08.2018 to the concerned Land Acquisition Court upon considering the petitioner's representation dated 18.11.2019 within the time frame fixed by this Court.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Mr.K.P.Krishnadoss, learned Special Government Pleader accepts notice on behalf of the respondent.

4. The case of the petitioner is that the petitioner's agricultural land to an extent of 28.24 acres in S.No.1/2 in Mondipati Village and 4.36 Acres in S.No.1/3A of Mondipatti Village in Manapparai Taluk, Trichy District has been acquired by the respondent vide proceedings dated 23.10.2013 for which compensation was granted to him on 30.08.2018 vide proceedings in Na.Ka.No.C1/7276/2018 is not according to the market value of the land. Hence, the petitioner sent a representation dated 06.02.2019 to the respondent and he also sent a reminder on 18.11.2019. However, the same has not been considered so far. In https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.17924 of 2020 such circumstances, the petitioner has approached this Court.

5. Learned counsel for the petitioner further submitted that it would suffice, if the representation of the petitioner dated 18.11.2019 is disposed of by the respondent at the earliest.

6. Learned Special Government Pleader, appearing for the respondent would submit that the respondent is prepared to consider the representation of the petitioner and to pass suitable orders on the same.

7. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the representation dated 18.11.2019 submitted by the petitioner and to pass appropriate orders in accordance with law, after hearing the petitioner and the persons, who are interested or the persons, who will likely to be affected, within a period of sixty(60) days from the date of receipt of a copy of this order, if there is no legal impediment to do so.

8.Accordingly, this writ petition stands disposed of. No Costs.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) PJL Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The District Collector, Trichy District, Trichy- 620 001.

+1 CC to Special Government Pleader SR.No.25125 of 2020. W.P.(MD)No.17924 of 2020 09.12.2020 (SJ)CO AP(05/01/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2