G.Nallathambi vs The State Of Tamil Nadu Rep. By
2023 Latest Caselaw 7156 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 27.06.2023

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              W.P.No.18863 of 2023

                G.Nallathambi                                                        ...Petitioner
                                                       Vs

                1.The State of Tamil Nadu rep. by
                  The District Collector,
                  Villupuram District,
                  Master Plan Complex, Collectorate,
                  Villupuram – 605 602.

                2.The Sub Collector,
                  Tindivanam,
                  Villupuram District,
                  Tinidivanam – 604 001.

                3.The Land Acquisition Office cum
                   Revenue Divisional Officer (Land Acquisition)
                  South 3rd Part, Marakanam                                       ... Respondents

                PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to
                issue a Writ of Mandamus directing the First Respondent to re-determine the
                compensation awarded to the petitioner's lands acquired at Marakanam Revenue
                Village in Award No. 1/1994, to sum of Rs.4,500/- per Cent, based on the
                petitioner's application under Section 28A of the Land Acquisition Act 1894 dated

                1/6


https://www.mhc.tn.gov.in/judis
                22.02.2021 and followed by the petitioner representation dated 30.10.2022,
                pursuant to the enhanced compensation award passed in LAOP No.9 of 2010 on
                the file of Principal Sub Judge, Tindivanam


                                  For Petitioner   : Mr.V.Rajesh Babu

                                  For Respondents : Mr.G.Krishnaraja
                                                    Additional Government Pleader
                                                         *****

                                                       ORDER

This writ petition has been filed for issue of writ of mandamus directing the

1st respondent to re-determine the compensation awarded to the petitioner by acting

upon the application filed by the petitioner under Section 28A of the Land

Acquisition Act, 1894 (herein after called as “Act”).

2.Heard Mr.V.Rajesh Babu, learned counsel appearing on behalf of the

petitioner and Mr.G.Krishnaraja, learned Additional Government Pleader

appearing on behalf of the respondents.

3.The case of the petitioner is that his lands were acquired and the

compensation was fixed by the Land Acquisition Officer through a final Award

https://www.mhc.tn.gov.in/judis dated 15.06.1994. The aggrieved land owners referred application under Section

18 of the Act and sought for enhancement of compensation. The application was

referred to the Principal Sub Judge, Tindivanam and it was dealt with in LAOP

No.9 of 2010. The further case of the petitioner is that the Court enhanced the

compensation through judgment and Decree dated 08.10.2020. The petitioner

immediately made an application under Section 28A of the Act on 22.02.2021,

within the stipulated period of three months.

4.On receipt of the application, the 1st respondent had also sought for details

from the 2nd respondent through letter dated 30.03.2021. The grievance of the

petitioner is that thereafter, there was absolutely no improvement and the petitioner

also made a representation in this regard on 30.10.2022. This representation also

did not evoke any response and hence the present writ petition has been filed

before this Court.

5.Taking into consideration the facts and circumstances of the case and also

the limited relief that has been sought for in this writ petition, there shall be a

direction to the 1st respondent to deal with the application dated 22.02.2021

https://www.mhc.tn.gov.in/judis submitted by the petitioner under Section 28A of the Act on its own merits and in

accordance with law and final order shall be passed, within a period of three

months from the date of receipt of copy of this order. The petitioner is directed to

make a fresh representation to the 1st respondent along with all the relevant

documents and also a copy of this order.

6.This writ petition is disposed of in the above terms. No Costs.

27.06.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No ssr

To

1.The District Collector, Villupuram District, Master Plan Complex, Collectorate, Villupuram – 605 602.

2.The Sub Collector, Tindivanam, Villupuram District, Tinidivanam – 604 001.

https://www.mhc.tn.gov.in/judis

3.The Land Acquisition Office cum Revenue Divisional Officer (Land Acquisition) South 3rd Part, Marakanam

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

W.P.No.18863 of 2023

27.06.2023

https://www.mhc.tn.gov.in/judis