K.Jayakrishnan vs The District Collector
2025 Latest Caselaw 143 Mad

Madras High Court

K.Jayakrishnan vs The District Collector on 1 April, 2025

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                        Rev.Appl.No.112 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 01.04.2025

                                                            CORAM

                             THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR

                                               Rev.Appl.No.112 of 2025

                  1.K.Jayakrishnan
                  2.K.Sagadevan                                                               .. Petitioners
                                                             Versus
                  1.The District Collector
                  Erode District
                  Erode

                  2.The Revenue Divisional Officer
                  Meenakshisundaranar Street
                  Erode, Erode District

                  3.The Managing Director
                  Tamil Nadu Housing Board
                  CMDA Building
                  E&C Market Road
                  Koyambedu, Chennai – 600 107

                  4.The Executive Engineer/Administrative Officer
                  Tamil Nadu Housing Board
                  Sampath Nagar, Erode – 638 011                                            .. Respondents

                        Petition is filed under Section 114 of the Civil Procedure Code r/w Order
                  47 Rule 1 to review the order dated 04.07.2024 passed in W.P.No.15083 of
                  2024.

                            For Petitioners           :         Mr.C.Prakasam
                            For Respondents           :         Mr.P.Sathish for R1 & R2
                                                                Additional Government Pleader
                                                                Mr.C.Kalaichelvan for R3 & R4

                                                            ORDER

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This review has been filed to review the order of this Court dated

04.07.2024 in W.P.No.15083 of 2024.

2. According to the learned counsel for the petitioner for the petitioner,

only redetermination has been sought as per Section 28-A of the Land

Acquisition Act, 1894, however, in the order, it is wrongly captured as if, the

District Collector is the competent person to make reference.

3. Considering the nature of the provision, particularly, powers vested to

the District Collector under Section 28-A of the Land Acquisition Act,

paragraph 6 of the order dated 04.07.2024 shall read as follows:

“ The District Collector as contemplated under Section 28-A of the Land

Acquisition Act is directed to conduct enquiry after giving notice to all the

person interested and give them a reasonable opportunity of being heard and

redetermine the compensation in light of the judgment of the Hon'ble Supreme

Court dated 01.02.2013 made in Civil Appeal No.905 of 2013.”

Except the above corrections, the order remains intact.

4. In view of the above, this review stands ordered. No costs.

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01.04.2025

Index : Yes/No Internet : Yes/No dhk

To

1.The District Collector Erode District Erode

2.The Revenue Divisional Officer Meenakshisundaranar Street Erode, Erode District

3.The Managing Director Tamil Nadu Housing Board CMDA Building E&C Market Road Koyambedu, Chennai – 600 107

4.The Executive Engineer/Administrative Officer Tamil Nadu Housing Board Sampath Nagar, Erode – 638 011

N.SATHISH KUMAR, J.

dhk

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01.04.2025

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