R.Shanmuganathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA R.Shanmuganathan ... Petitioner /Vs./ The District Collector, Sivagangai District, Sivagangai.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to expedite the proceedings in N.C1/20629/2020 on the file of the respondent, within time stipulated by this Court.

For Petitioner : Mr.P.Aju Tagore For Respondent : Mr.A.Kannan Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the respondent to expedite the proceedings in N.C1/20629/2020 on the file of the respondent, within a time stipulated by this Court. 1/5

2. The brief facts of the case are as follows: The petitioner's land in S.No.458/2 situated at Maruthankudi Village, Sirukoodalpatti Revenue Village, Thiruppathur Taluk, Sivagangai District, to an extent of 1540 sq.mt. was acquired for the purpose of formation of four way road from Melur to Karaikudi, NH-383. The compensation was fixed and the award was passed on 13.08.2020. Not satisfied with the compensation awarded by the competent authority, the petitioner preferred an appeal in N.C1/20629/2020 before the respondent on 19.10.2020. Though the appeal was taken on the file of the respondent, no action was taken. The petitioner preferred a petition under the Right to Information Act to know the status of his appeal. On 21.01.2022, the petitioner received a communication stating that his appeal was pending. Thereafter, on 04.01.

2023, the petitioner was issued with a notice to appear in the appeal proceedings. The petitioner also appeared in the appeal proceedings on 18.01.2023. Even thereafter, no orders were passed in the appeal. Therefore, the petitioner made a representation on 24.07.2023 requesting the respondent to pass appropriate orders in his appeal.

petitioner received a reply on 26.07.2023 stating that steps were taken to pass final orders. Even though 8 months were lapsed, no orders were passed. Hence, the petitioner was constrained to file the present Writ Petition for the aforesaid relief.

3. The learned counsel for the petitioner submits that even after lapse of eight months from the date of communication dated 26.07.2023, no order is passed and hence, a direction may be issued to the respondent to pass orders as expeditiously as possible preferably within a time to be stipulated by this Court.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent.

5. Considering the fact that the respondent has himself communicated that final orders were to be passed and considering the long lapse of eight months from the communication dated 26.07.2023, this Court is inclined to issue a direction. Accordingly, a direction is issued to the respondent to pass final orders in the petitioner's appeal 3/5

within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of . No costs.

05.11.2024 Index : Yes / No NCC : Yes / No CM TO:

The District Collector, Sivagangai District, Sivagangai.

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N.MALA, J.

CM Order made in Dated:

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