A.Ismath Batcha v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR A.Ismath Batcha ... Petitioner /Vs./ 1.The District Collector, Thanjavur District, 2.The Tahsildar, Thanjavur Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first respondent to provide adequate compensation to the petitioner's land in Plot No.19 and Plot No.42 to an extent of 4800 square feet situated at S.F.No.22, at Fathima Nagar, Villar Village, Thanjavur Taluk, Thanjavur District by considering the petitioner's representation dated 15.07.2019 within a stipulated time as may be fixed by this Court.
For Petitioner : M/s.V.Muthukamatchi For Respondents : M/s.V.P.M.Vaishnavi Government Advocate
ORDER
M/s.V.Muthukamatchi, learned counsel on record for writ petitioner is before this Court.
2. M/s.V.P.M.Vaishnavi, learned Government Advocate accepts notice on behalf of respondents.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 15.07.2019 wherein writ petitioner has sought compensation for acquisition of lands, which according to the writ petitioner belongs to him.
5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support 1/3
of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the first respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 15.07.2019, details of which have been alluded to supra.
6. Learned State counsel submitted that the first respondent is the authority who shall consider the aforementioned representation dated 15.07.2019 made by the writ petitioner (page No.38 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 15.07.2019 shall be disposed of by the first respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. It is made clear that in the course of the representation being considered by the first respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the first respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
9. The proceeding / order of disposal shall be communicated by the office of the first respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The District Collector, Thanjavur District, 2/3
2.The Tahsildar, Thanjavur Taluk, +1 CC to M/s.V.MUTHUKAMATCHI, Advocate ( SR-87092[F] dated 17/09/2019 ) +1 CC to M/s.SPL GP ( SR-87579[F] dated 18/09/2019 ) Order made in KK/SAR/24.10.2019/3P-5C/ 3/3