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Madras High CourtWP(MD)/28445/2023disposed of

Rajalakshmi.M v. The District Collector

2025-03-28Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI M.Rajalakshmi : Petitioner Vs.

1.The District Collector, Collectorate, Pudukkottai Town & Taluk & District.

2.The Special Officer (Land Acquisition), Cauvery - Vaigai - Gundaru Joint Canal Scheme, Pudukkottai & District.

3.The Special District Revenue Officer, Land Acquisition, Cauveri - Vaigai - Gundaru joint Canal Scheme, 4.The Executive Engineer, Water Resources Department, Special Scheme Division, Cauvery - Vaigai - Gundaru Scheme, 1/5

5.The Special Tahsildar, Cauveri - Vaigai - Gundaru Joint Canal Scheme, Unit IV, : Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 16.11.2023 to pass appropriate order to include the well with Electricity Connection imbedding the SF.No.305/16B with an extent of 0.0073 Ares of Sembattur Village, Pudukkottai Taluk & District to the land acquisition for the Cauvery - Vaigai - Gundaru link scheme the parameters to be considered during the determination of award for affecting his other property well. For Petitioner : Mr.K.Balasundaram Senior Counsel for M/s.KBS Law Office For Respondents : Mr.B.Saravanan Additional Government Pleader

O R D E R

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Heard Mr.K.Balasundaram, learned Senior Counsel for M/s.KBS Law Office, appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader appearing for the respondents. 2.The petitioner seeks only a limited relief of issuance of Writ of Mandamus to direct the District Collector to consider the petitioner's request for refixation of compensation payable in respect of petitioner's lands that have been acquired by the State.

3.Learned Senior Counsel for the petitioner would submit that the first respondent has (*) to follow the mandate of Section 28, which sets out parameters to be considered by the first respondent in determining the award. (*)4. Considering the fact that the petitioner has made a representation on 16.11.2023, it would suffice to direct the first respondent to hear the petitioner and consider the various claims and contentions put forth by the petitioner, seeking compensation. If the first respondent satisfies that the petitioner has made out a case for compensation, an award may be passed within a period of eight(8) weeks from the date of receipt of a copy of this order. 3/5

5.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- 28.03.2025 (*)Corrected as per the order of this Court dated 11/07/2025 Sd/- Assistant Registrar (CS II ) // True Copy // /08/2025 Sub Assistant Registrar (CS- I/ II / III / IV) MR To:- (*)To be substituted to the order already despatched on 03/06/2025 To 1.The District Collector, Collectorate, Pudukkottai Town & Taluk & District.

2.The Special Officer (Land Acquisition), Cauvery - Vaigai - Gundaru Joint Canal Scheme, Pudukkottai & District.

3.The Special District Revenue Officer, Land Acquisition, Cauveri - Vaigai - Gundaru joint Canal Scheme, 4/5

4.The Executive Engineer, Water Resources Department, Special Scheme Division, Cauvery - Vaigai - Gundaru Scheme, 5.The Special Tahsildar, Cauveri - Vaigai - Gundaru Joint Canal Scheme, Unit IV, +1 CC to M/s.KBS LAW OFFICE, Advocate ( SR-20832[F] dated 28/03/2025) 28.03.2025 TS(23.05.2025)/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

JJ/19.08.2025 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5