R.Hema v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD)No.3142 of 2020 R.Hema ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Competent Authority and Special District Revenue Officer, Land Acquisition-River Linking Project, Tirunelveli.

3.The Special Tahsildar, Land Acquisition-River Linking Project, Unit 5, Nanguneri, Tirunelveli District.

4.The Executive Engineer, PublicWorks Department, Water Resources Organisation, Nambiyaru Reservoir Project Division, Vallioor, Tirunelveli.

... Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to pay the claim amount to the petitioner for the land acquired by the respondents in S.No.539/1B situated at Vijayanarayanam-2 Village, Tisayanvilai Taluk, Tirunelveli District based on the petitioner's representation dated 22.11.2019.

For Petitioner :

Mr.T.Selvan For Respondents :

Mr.D.Ghandiraj Special Government Pleader

ORDER

The above writ petition has been filed by the petitioner seeking for issuance of a mandamus directing the respondents to pay the claim amount to the petitioner in respect of the lands acquired by the respondent in Survey No.539/1B situated at Vijayanarayanam-2 Village, Tisayanvilai Taluk, Tirunelveli District, based on his representation, dated 22.11.2019.

2. The learned Special Government Pleader appearing for the respondents fairly concedes that the respondents have no objection to consider the representation of the petitioner in the manner known to law.

3. The respondents 1 and 3 have filed their counter, in which they have also submitted that in response to the representation dated 22.11.2019, the third respondent had issued notice to the petitioner in Na.Ka.No.A/40/2019, dated 14.01.2020, to produce the relevant documents. However, the petitioner has not produced any document, but has rushed to file the above writ petition.

4. In the light of the above averments and considering the fact that the respondents are ready to consider the representation of the petitioner, this Writ Petition is disposed of with a direction to the petitioner to appear before the second respondent and submit all the relevant documents and on receipt of the same, the third respondent shall, after affording an opportunity to the petitioner to present his case, pass

appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs.

20.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes cp To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Competent Authority and Special District Revenue Officer, Land Acquisition-River Linking Project, Tirunelveli.

3.The Special Tahsildar, Land Acquisition-River Linking Project, Unit 5, Nanguneri, Tirunelveli District.

4.The Executive Engineer, PublicWorks Department, Water Resources Organisation, Nambiyaru Reservoir Project Division, Vallioor, Tirunelveli.

P.T.ASHA, J.

cp Dated: 20.03.2023