Habeeb Mohammed v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Habeeb Mohammed ... Petitioner Vs.

The District Revenue Officer, Land Acquisition, Office of Collectrate, Ramanathapuram District ... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to consider the objections of the petitioner dated 25.07.2022 without insisting the limitation period and pass orders on the same within a time frame fixed by this Court.

For Petitioner :

Mr.Porkodi Karnan for M/s.Polax Legal Solutions For Respondent :

Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

This Writ Petition has been filed in the nature of mandamus seeking direction to the respondent, the District Revenue Officer, Land Acquisition, Ramanthapuram District to consider the objections of the petitioner, dated 25.07.2022 without insisting upon the limitation period.

2. In the affidavit filed in support of the Writ Petition, it had been stated that the land in S.No.228/5, measuring 0.29.0 hectare at Kothankulam Village, Paramakudi Taluk, Ramanathapuram District, had been acquired for formation of by-pass road to connect Parthibanur to Kamuthi road. It had been stated that notice had not been given to the petitioner herein or to the family members. The objections were raised. The compensation was fixed as Rs.400/- per sq.ft. It had been stated that the award had been passed without following the mandatory provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. The petitioner had given a representation raising objections. Since the same had been given beyond the period of six months, the respondent had refused to take them into consideration. However, it is seen that the petitioner was working abroad and his father age is 93 years. It is also stated that the objections had been given on 25.07.2022 itself.

4. I would condone the delay in filing the objections and direct the respondent to take into consideration the representation given and objections raised and pass appropriate orders. Opportunity of hearing may also be given and thereafter, orders to be passed within a period of sixteen weeks from the date of receipt of a copy of this order.

5. This Writ Petition stands disposed of. There shall be no order as to costs.

20.03.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To The District Revenue Officer, Land Acquisition, Office of Collectrate, Ramanathapuram District

C.V.KARTHIKEYAN, J.

vji 20.03.2023