P.C. Vijayalakshmi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.08.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.26825 of 2019 P.C.Vijayalakshmi
...Petitioner
Vs 1.The District Collector, Tirunelveli District, 2.The Competent Authority and Special District Revenue Officer, Land Acquisition-River Linking Project, 3.The Special Tahsildar, Land Acquisition-River Linking Project, Unit - 5, Nanguneri, Tirunelveli District.
4.The Executive Engineer, Public Works Department, Water Resources Organization, Nambiyaru Reservoir Project Division, Vallioor,
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to pay the claim amount to the petitioner for the land acquired by the respondents in S.No.530/1A, 536/1A, 560/3,560/14,560/23, 561/2B, 537/1A1, 537/1A4, 491/3A3, 542/1B1, 542/1B3 and 541/3A situated at Vijayanarayanam -2 Village, Tisayanvilai Taluk, Tirunelveli District, based on the petitioner's representation dated 22-11-2019. For Petitioner : Mr.T.Selvam For Respondents : Mrs.V.P.M.Vaishnavi Government Advocate
ORDER
This Writ Petition is filed to direct the respondents to pay the claim amount to the petitioner for the land acquired by the respondents in S.No.530/1A, 536/1A, 560/3,560/14,560/23, 561/2B, 537/1A1, 537/1A4, 491/3A3, 542/1B1, 542/1B3 and 541/3A situated at Vijayanarayanam -2 Village, Tisayanvilai Taluk, Tirunelveli District.
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2.According to the petitioner, the petition mentioned property, which, according to her, is in her possession and enjoyment, has been acquired by the respondents for the purpose of Nambiyaru River Linking Project. In this regard, though the petitioner sent a representation dated 22.11.2019, to the respondents seeking to pay compensation for the aforesaid acquisition, so far, no action has been taken by the respondents till date. Hence, the petitioner is before this Court.
3.In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 22.11.2019, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 4.In view of the submission made by the learned Government Advocate and having regard to the limited scope of the prayer made by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the representation of the petitioner, dated 22.11.2019, on merits and in accordance with law and pass appropriate orders, after providing opportunities to the petitioner and the interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
5.This Writ Petition is disposed of, with the above direction. No costs.
Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 Competent Authority and Special District Revenue Officer, Land Acquisition-River Linking Project, 3.The Special Tahsildar, Land Acquisition-River Linking Project, Unit - 5, Nanguneri, Tirunelveli District.
4.The Executive Engineer, Public Works Department, Water Resources Organization, Nambiyaru Reservoir Project Division, Vallioor, +1 CC to M/s.Special government Pleader ( SR-15302[F] dated 28/08/2020 ) W.P.(MD) No.26825 of 2019 27.08.2020 KB(08.09.2020) 3P 6C 3/3