P.Kaliyammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI P.Kaliyammal ... Petitioner /Vs./ 1.The District Collector, Dindigul District, Dindigul.

2.The Land Acquisition Officer / Revenue Divisional Officer, Dindigul District.

3.The Tahsildar, Dindigul East Taluk, Nagal Nagar, Dindigul District.

4. The Special Tahsildar (Land Acquisition) Villupuram-Dindigul Broad- Gauge Railway Line Project, Collectorate Building, Dindigul.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the 1/5

petitioner's representation dated 12.08.2024 and 01.11.2024 and directing the respondents to pay the fair compensation as per the provisions of the Right of Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Rules, 2017 for the acquisition of the petitioner's land comprised in S.No.128/3B, situated at Mullaipadi Village, Dindigul District, measuring an extent of 0.05.85 Hectare. For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

The petitioner seeks limited relief of issuance of Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 12.08.2024 and 01.11.2024 seeking fair compensation for the acquisition of the petitioner's land comprised in S.No.128/3B, situated at Mullaipadi Village, Dindigul District, measuring to an extent of 0.05.85 Hectare.

2. Considering the limited prayer sought for by the writ petitioner, with the consent of the learned counsel on either side, the writ petition itself is taken up for final disposal.

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3. The learned Government Advocate appearing for the respondents, Mr.S.Kameswaran, would submit that one Mr.Selvaraj, S/o. Periya Karuppan is objecting to the compensation being awarded to the writ petitioner.

4. However, the learned counsel for the petitioner would submit that the said Selvaraj had in fact failed in a Second Appeal before this Court, the matter has attained finality.

5. Be that as it may, before fixing enhanced compensation in favour of the petitioner, the second respondent shall also issue notice to the said Selvaraj, S/o. Periyakaruppan and and pass final orders, regarding the entitlement of the petitioner for compensation, after taking into account the objections of the said Selvaraj and the documentary evidence that may be produced by the petitioner. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.

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6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No 19.02.2025 NCC : Yes / No LS TO:- 1.The District Collector, Dindigul District, Dindigul.

2.The Land Acquisition Officer / Revenue Divisional Officer, Dindigul District.

3.The Tahsildar, Dindigul East Taluk, Nagal Nagar, Dindigul District.

4. The Special Tahsildar (Land Acquisition) Villupuram-Dindigul Broad- Gauge Railway Line Project, Collectorate Building, Dindigul.

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P.B. BALAJI , J.

LS Order made in Dated:

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