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S.M.Chidambaram vs The District Collector
2021 Latest Caselaw 20596 Mad

Citation : 2021 Latest Caselaw 20596 Mad
Judgement Date : 6 October, 2021

Madras High Court
S.M.Chidambaram vs The District Collector on 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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