Jenipan v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.18134 of 2020 Jenipan ... Petitioner Vs.

1.The District Collector, Tirunelveli District, 2.The Special Deputy Collector, River Water Linking Project, 3.The Special Tahsildar (Land Acquisition), River Water Linking Project, Unit-VI, Radhapuram at Nanguneri, ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 3rd respondent to fix the compensation to Survey No.621/A2B to an extent of 0.05.20 Hectares as per the market value of Plot Nos.15,18 and Rajmahal Kalyana Mandapam vide the petitioner's representation dated 12.11.2020 within the time stipulated by this Court. For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Ms.V.P.M.Vaishnavi Government Advocate

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the 3rd respondent to fix the compensation to Survey No.621/A2B to an extent of 0.05.20 Hectares as per the market value of Plot Nos.15,18 and Rajmahal Kalyana Mandapam vide the petitioner's representation dated 12.11.2020 within the stipulated time.

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

3. Ms.V.P.M.Vaishnavi, learned Government Advocate accepts notice on behalf of the respondents.

4. The case of the petitioner is that the petitioner is the absolute owner of the land Survey No.621/A2B to an extent of 32.11 Cents, which was purchased by him vide Document No.191/2012 dated 11.01.2012. The respondents issued Notification for acquisition of 1/3

the said land and the purpose for which has not been mentioned. Adjacent to the petitioner's land in Plot Nos.15 and 18 are situated for which the respondent fixed compensation at Rs.3,04,400/- as pet the market value. At this juncture, the petitioner was informed by the third respondent that he would be awarded as per the guidelines value fixed by the Registration Authority, which is highly improbable. Hence, the petitioner sent a representation dated 12.11.2020 in this regard. However, the same has not been considered so far. In 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 12.11.2020 is disposed of by the third respondent at the earliest.

6. Learned Government Advocate appearing for the respondents would submit that the third 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 third respondent to consider the representation dated 12.11.2020 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 six months, preferably, on or before 30th June, 2021, if there is no legal impediment to do so.

Sd/- Assistant Registrar (AS) // 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 1.The District Collector, Tirunelveli District, 2/3

2.The Special Deputy Collector, River Water Linking Project, 3.The Special Tahsildar (Land Acquisition), River Water Linking Project, Unit-VI, Radhapuram at Nanguneri, +1CC to M/s.C.Mayil Vahana Rajendran,SR.No.24960 dated 10.12.2020 W.P.(MD)No.18134 of 2020 10.12.2020 SS(CO) KB(07.01.2021) 3P 5C 3/3