Citation : 2021 Latest Caselaw 20596 Mad
Judgement Date : 6 October, 2021
W.P.(MD)No.18067 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.10.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.18067 of 2021
S.M.Chidambaram
... Petitioner
Vs.
1. The District Collector,
Tirunelveli District,
Tirunelveli.
2. The Special Tahsildar,
Tirunelveli Taluk Office,
Tirunelveli. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to consider and
pass orders by re-determining the compensation of the petitioner.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondents : Mr.K.S.Selva Ganesan
Counsel for the State
ORDER
The petitioner seeks a direction for the determination of
compensation as per the judgment dated 08.01.2021 in A.S(MD).No.235
of 2019.
https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.18067 of 2021
2. The petitioner states that the properties owned by him under
multiple survey numbers in Gangaikondan Part I Village, Tirunelveli
Taluk and District were acquired by the Government of Tamil Nadu
under the Land Acquisition Act, 1894. Proceedings were instituted in
respect of the compensation payable for such acquisition. Eventually, by
order dated 08.01.2021 in A.S(MD).No.235 of 2019, the compensation
was fixed at the rate of Rs.500/- per Cent. Pursuant thereto, the petitioner
made an application to the second respondent on 25.05.2021. On
16.07.2021, it is stated that the jurisdictional Revenue Divisional Officer
communicated to the petitioner that the application has been forwarded
to the second respondent for necessary action. The present writ petition is
filed because no action was taken thereafter.
3. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts
notice on behalf of both the respondents. He submits that the second
respondent may be directed to consider and dispose of the petitioner's
representation after taking into account the judgment in A.S(MD).No.235
of 2019.
https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.18067 of 2021
4. The petitioner has enclosed a copy of the judgment in
A.S(MD).No.235 of 2019. Upon perusal thereof, it is evident that the
compensation has been fixed at Rs.50,000/- per Acre. Therefore, it is just
and necessary that the petitioner's representation be considered by taking
into account the judgment in A.S(MD).No.235 of 2019.
5. Therefore, W.P(MD).No.18067 is disposed of by directing the
first respondent to consider the petitioner's representation dated
25.06.2021 and dispose of the same by a reasoned order after taking into
account the judgment in A.S(MD).No.235 of 2019. Such reasoned order
shall be issued within a period of three months from the date of receipt of
a copy of this order. There will be no order as to costs.
06.10.2021
Index : Yes/No Internet : Yes/No pkn
https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.18067 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
pkn
To
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Special Tahsildar, Tirunelveli Taluk Office, Tirunelveli.
W.P.(MD)No.18067 of 2021
06.10.2021
https://www.mhc.tn.gov.in/judis/
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