A. Darling Mabel v. The Registrar General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025
CORAM
THE HONOURABLE MR.JUSTICE M.S. RAMESH AND THE HONOURABLE Dr.JUSTICE A.D.MARIA CLETE A. Darling Mabel ... Petitioner Vs
1. The Registrar General, High Court of Madras, Chennai - 600 104..
2. The Secretary, Government of Tamilnadu, Law Department, Law Department Secretariat, Chennai - 600 009..
3. The Secretary, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009..
4. The District Collector, Madurai District, Madurai - 625 020..
5. The Special Tahsildar (La), Airport Extension Office, Unit - I, Madurai - 625 020..
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/5
respondents No.1 to 3 to direct the III Sub Court, Madurai to complete the proceedings of pending Land Acquisition Enhancement of Compensation cases LAOP No.251/2019, 261/2019, 266/2019, 267/2019, 268/2019, 325/2022, 326/2022 and 328/2022 and similar cases within stipulate time, consuequently directing the respondents No.4 and 5 to send the Enhancement of Compensation Reference Cases for adjudication to the Principal District Judge, Madurai under Section 53 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 r/w G.O.Ms.No.305 Revenue and Disa Management LA1(1) dated 20.09.2027 by considering the petitioner's representation dated 08.10.2024 within the period stipulated by this Court.
For Petitioner : Mr.A.Raja Mohideen For Respondents : Mr.J.Ashok for R2 to R5 Additional Government Pleader Mr.N.Mohideen Basha for R1
ORDER
(Order of the Court was made by M.S.RAMESH,J.) This writ petition has been filed for a mandamus directing the respondents Nos.1 to 3 to direct the III Sub Court, Madurai to complete the proceedings of pending Land Acquisition Enhancement of Compensation cases LAOP Nos.251/2019, 261/2019, 266/2019, 267/2019, 268/2019, 325/2022, 326/2022 and 328/2022 and similar cases 2/5
within stipulated time and consequently direct the respondent Nos.4 and 5 to send the Enhancement of Compensation Reference Cases for adjudication to the Principal District Judge, Madurai under Section 53 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 r/w G.O.Ms.No.305 Revenue and Disaster Management LA1(1) dated 20.09.2027 by considering the petitioner's representation dated 08.10.2024 within the period stipulated by this Court.
2. The prayer in the writ petition is two fold. In the first part of the prayer, the petitioner seeks for a direction to the respondents to direct the Sub Court to complete the LAOP proceedings. Such an authority is not vested with the respondents herein to direct the Court to complete the proceedings and therefore, the first portion of the prayer is not feasible for consideration.
3. In the second portion of the prayer, the petitioner has sought for reference of the cases from the respondents 4 and 5 to the Principal District Judge. The learned Additional Government Pleader, on 3/5
instructions, submitted that all the LAOP cases have already been referred to the Principal District Judge concerned on 25.03.2019 itself. As such, no effective orders can be passed to the second part of the prayer sought for. Accordingly, the writ petition stands closed. No costs. [M.S.R.,J] [A.D.M.C.,J] 09.01.2025 NCC : Yes/No Index : Yes/No RR To
1. The Registrar General, High Court of Madras, Chennai - 600 104..
2. The Secretary, Government of Tamilnadu, Law Department, Law Department Secretariat, Chennai - 600 009..
3. The Secretary, Revenue and Disaster Management Department, Secretariat, Chennai - 600 009..
4. The District Collector, Madurai District, Madurai - 625 020..
5. The Special Tahsildar (La), Airport Extension Office, Unit - I, Madurai - 625 020.. 4/5
M.S. RAMESH , J.
AND A.D.MARIA CLETE, J.
RR
ORDER
IN WP(MD) No.30096 of 2024 Date : 09.01.2025 5/5