D. Soundararajan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA D.Soundararajan ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Trichy District.
2.The Special District Revenue Officer (Land Acquisition), Cauvery Vaigai Gundar Link Canal Project, Office of the District Collector, Trichy District.
3.The Special Tahsildar (Land Acquisition), Cauvery Vaigai Gundar Link Canal Project, Office of the District Collector, Trichy District.
4.The Executive Engineer, Water Resource Organization Department, Cauvery Vaigai Gundar Link Canal Project, Special Scheme Division, Pudukottai, Pudukottai District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to rectify the classification as "Well" instead of "Pannaikuttai" for fixation of compensation of the land situated in S.No.343/2 to an extent of 0.02.90 hectares situated at 1/5
Sooriyur Village, Thiruverumbur Taluk, Trichy District by considering the representation of the petitioner, dated 10.10.2024. For Petitioner : Mr.C.Gangai Amaran For Respondents : Mr.R.Ragavendran Government Advocate
O R D E R
The writ petition has been filed for a direction to the respondents to rectify the classification as "Well" instead of "Pannaikuttai" for fixation of compensation of the land in S.No.343/2 to an extent of 0.02.90 hectares, at Sooriyur Village, Thiruverumbur Taluk, Trichy District, by considering the representation of the petitioner, dated 10.10.2024.
2. The petitioner aggrieved by wrong classification made by the respondents, due to which he was deprived of compensation under the land acquisition proceedings, gave a representation to the respondents to reclassify the land classified as "Panaikuttai" as "Well". In pursuance of the petitioner's representation, respondents 2 and 3 sent a proposal for reclassification while passing the order under Section 15 (3) of the Right to Fair Compensation Act, on 14.07.2023. On 27.07.2023, the first respondent instructed the fourth respondent to conduct inspection and to fix the compensation payable to the petitioner. As the fourth respondent did not take any action on the 2/5
communication of the first respondent, the petitioner sent a representation on 10.10.2024 to reclassify "Pannaikuttai" as "Well". As no action was taken by the respondents, the petitioner filed the writ petition for the aforesaid relief.
3. The learned counsel for the petitioner submitted that though a larger relief was prayed, it would suffice if the petitioner's representation was disposed of within the time fixed by this Court.
4. Considering the limited prayer of the learned counsel for the petitioner, a direction is issued to the first respondent to consider the petitioner's representation, dated 10.10.2024 and pass orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
5. Accordingly, the writ petition stands disposed of. No costs. 25.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 3/5
To:
1.The District Collector, Office of the District Collector, Trichy District.
2.The Special District Revenue Officer (Land Acquisition), Cauvery Vaigai Gundar Link Canal Project, Office of the District Collector, Trichy District.
3.The Special Tahsildar (Land Acquisition), Cauvery Vaigai Gundar Link Canal Project, Office of the District Collector, Trichy District.
4.The Executive Engineer, Water Resource Organization Department, Cauvery Vaigai Gundar Link Canal Project, Special Scheme Division, Pudukottai, Pudukottai District.
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N.MALA, J.
SN 25.11.2024 5/5