S.Ramakrishnan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR S.Ramakrishnan ... Petitioner vs.

1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Trichy, Trichy District.

3.The Tahsildar, Thiruverumbur, Trichy District.

4.The Special Tahsildar, (Airport Expansion), Tiruchirappalli.

... Respondents (R - 4 is suo motu impleaded vide order, dated 17.10.2019) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to disburse the compensation amount with interest to the petitioner for the acquisition of his property bearing plot No.6 measuring an extent of 2680 square feet in Survey No.241/A/2 in Kilakurichy Village, Trichy Taluk, Trichy District. For Petitioner : Mr.M.Gnanagurunathan For Respondents : Mr.M.Rajarajan, Government Advocate.

ORDER

Mr.M.Gnanagurunathan, learned counsel on record for writ petitioner and Mr.M.Rajarajan, learned Government Advocate, who accepts notice on behalf of all four respondents are before this Court.

2. With consent of learned counsel on both sides, main writ 1/3

petition is taken up, heard out and is being disposed of.

3. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 23.06.2015 wherein writ petitioner has made a plea that compensation amount with interest be disbursed for his lands said to have been acquired.

4. 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 of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the concerned respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 23.06.2015 on its own merits and in accordance with law.

5. Learned State Counsel submitted that the appropriate authority is 'the Special Tahsildar (Airport Expansion), Tiruchirappalli and the said Special Tahsildar shall consider the aforementioned representation dated 23.06.2015 made by the writ petitioner ( page No.10 of the typed set of papers forming part of the case file) within a time frame stipulated by this Court. 6.To be noted, the Special Tahsildar (Airport Expansion), Tiruchirappalli is suo motu impleaded as fourth respondent. Registry to carry out necessary and consequential amendments in the case file and issue order thereafter.

7.Copy of the aforesaid representation dated 23.06.2015 shall be forwarded by the State counsel to the fourth respondent within a fortnight from the date of receipt of a copy of this order and the fourth respondent shall dispose of the same on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight weeks thereafter.

8. It is made clear that in the course of the representation being considered by the fourth respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the fourth 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.

2/3

9. The proceeding / order of disposal shall be communicated by the office of the fourth respondent to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.

10. Instant Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) ps To 1.The District Collector, Trichy, Trichy District.

2.The Revenue Divisional Officer, Trichy, Trichy District.

3.The Tahsildar, Thiruverumbur, Trichy District.

4.The Special Tahsildar, (Airport Expansion), Tiruchirappalli.

+1 CC to M/s.M.GNANAGURUNATHAN, Advocate ( SR-92669[F] dated 17/10/2019 ) +1 CC to M/s.SPL GP ( SR-93096[F] dated 18/10/2019 ) 17.10.2019 KM/(04.11.2019) 3P 7C 3/3