Madras High Court
S.Suresh Kumar vs The District Collector on 4 March, 2021
W.P.No..3312 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2021
CORAM : JUSTICE N.SESHASAYEE
W.P.No.3312 of 2021
and WMP.No.3768 of 2021
1.S.Suresh Kumar
2.Sinraj
3.Maheswari ... Petitioners
Vs.
1.The District Collector
Namakkal District
Namakkal.
2.The Special Tahsildar (Land Acquisition)
and Revenue Divisional Officer
Namakkal. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus to direct the respondents to
pass fresh award by redetermining the amount of compensation in
accordance with Sec.28A of the Land Acquisition Act, 1894 in the light
of the judgment and decree dated 28.02.2020, made in LAOP.No.211 of
2000 on the file of the Land Acquisition Tribunal, Namakkal with respect
to the petitioners' acquired land comprised in Survey Nos.8/3A, 8/3C an
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W.P.No..3312 of 2021
8/6B measuring an extent of 0.25.25 hectare situated at Thummankurichi
Village, Namakkal Taluk & District, based on the representation of the
petitioners dated 12.12.2020.
For Petitioners : Mr.S.Senthil
For Respondents : Mr.D.Raja
Additional Government Pleader
ORDER
The petitioners have moved the District Collector under Section 28-A of
the Land Acquisition Act, 1894 for seeking parity in the matter of
awarding compensation pursuant to the decree passed on 28.02.2020 in
LAOP.No.211 of 2000 by the Land Acquisition Tribunal, Namakkal.
2. The learned counsel for the petitioners submitted that there is nine
months delay in making the request and this was essentially due to the
COVID-19 pandemic days, the country has been going through, and filed
their representation on 12.12.2020.
3. Heard Mr.S.Senthil, learned counsel for the petitioner and Mr.D.Raja,
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W.P.No..3312 of 2021
learned Additional Government Pleader for the respondents.
4.Though the petitioner ought to have approached the first respondent
within a period of three months of passing the award, in case of any re-
determintaion of amount of compensation on the basis of the award of the
Court, but, owing to the lock down period of Corona pandemic, the
entire limitation now falls. Even, the Supreme Court, in its order dated
23.03.2020 Writ Petition (Civil) No. 3/2020, took Suo Motu cognizance
of the difficulties faced by litigants in approaching various Courts and
Tribunals due to ongoing pandemic and consequent to National lock
down, all statutory deadlines, were either relaxed or extended in the light
of the National lock down until further orders were passed.
5. Therefore, viewing thus, this Court directs the District Collector /first
respondent herein to consider the representation of the petitioners after
affording an opportunity of effective hearing to the petitioners and
dispose of the same within a period of twelve (12) weeks from the date of
receipt of a copy of this order.
6.Accordingly, this Writ Petition is disposed of. No costs.
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W.P.No..3312 of 2021
Consequently, connected miscellaneous petition is closed.
04.03.2021
ds
Index : Yes / No
Speaking Order / Non-speaking order
To:
1.The District Collector
Namakkal District
Namakkal.
2.The Special Tahsildar (Land Acquisition)
and Revenue Divisional Officer
Namakkal.
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W.P.No..3312 of 2021
N.SESHASAYEE.J.,
ds
W.P.No..3312 of 2021
04.03.2021
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