T.A. Mohamed Ali Jawahar v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI T.A.Mohamed Ali Jawahar ... Petitioner Vs.
1.The Commissioner of Land Administration, Government of Tamil Nadu Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.
2.The Special District Revenue Officer, (Land Acquisition), Chennai - Kaniyakumari Industrial Corridor Project, Tirunelveli District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to direct the 2nd respondent to grant maximum compensation for the acquisition of the petitioner's lands in Door No.4/28B, Survey No. 24/1A2A an extent of 0.02.60 Sq. Meters, Survey No.24/1B2 an extent of 0.05.60 Sq. Meters, Survey No.25/1B2 an extent of 0.19.50 Sq. Meters, Survey No.25/1C1B an extent of 0.03.00 Sq. Meters, Survey No.25/1C2 an extent of 0.22.80 Sq. Meters in Ambasamuthiram Road, Tenkasi, Tenkasi 1/5
District as per the order of the 1st respondent in Ni.A-VI(1)/7971479/2024 dated 13.09.2024 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules, 2017 by considering the petitioner's representation dated 12.11.2024, within the time stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.A.Kannan, Additional Government Pleader *****
ORDER
By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.
2.This Writ petition is filed to direct the 1st respondent to direct the 2nd respondent to grant maximum compensation for the acquisition of the petitioner's lands in Door No.4/28B, Survey No.24/1A2A an extent of 0.02.60 Sq. Meters, Survey No.24/1B2 an extent of 0.05.60 Sq. Meters, Survey No.25/1B2 an extent of 0.19.50 Sq. Meters, Survey No.25/1C1B an extent of 0.03.00 Sq. Meters, Survey No.25/1C2 an extent of 0.22.80 Sq. Meters in Ambasamuthiram Road, Tenkasi, Tenkasi District as per the order 2/5
of the 1st respondent in Ni.A-VI(1)/7971479/2024 dated 13.09.2024 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and Rules, 2017 by considering the petitioner's representation dated 12.11.2024. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.
4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
5.Without going into the merits of this case, this Court hereby direct the respondents to consider the petitioner's representation dated 3/5
12.11.2024 and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6.With the above directions, this writ petition is disposed of. No costs. 02.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Commissioner of Land Administration, Government of Tamil Nadu Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.
2.The Special District Revenue Officer, (Land Acquisition), Chennai - Kaniyakumari Industrial Corridor Project, Tirunelveli District.
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L.VICTORIA GOWRI, J.
Sml 02.01.2025 5/5