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Madras High Court

P.P.V.Annamalai vs The Divisional Railway Manager on 14 November, 2018

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                      1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 14.11.2018

                                                  CORAM :

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           WP(MD)No.21952 of 2018

                      1.P.P.V.Annamalai

                      2.P.P.V.Panchacharam

                      3.P.P.V.Subaiah

                      4.P.P.V.Velayutham                              ... Petitioners

                                                     Vs.

                      1.The Divisional Railway Manager,
                        Southern Railway, Madurai – 625 002.

                      2.Deputy Chief Engineer,
                        Gauge conversion/I,
                        Tiruchirappalli.

                      3.Executive Engineer,
                        Gauge conversion,
                        Tiruchirappalli.

                      4.The Revenue Divisional Officer,
                        Collectorate Complex,
                        Sivagangai.

                      5.The Tahsildar,
                        Weekly Market Road,
                        Sivaganai.                                  ... Respondents

http://www.judis.nic.in
                                                         2

                      Prayer : Writ Petition is filed under Article 226 of the Constitution of
                      India, to issue a Writ of Mandamus, to direct the respondents 1, 4
                      and 5 to consider our representation dated 13.07.2018 and to pass
                      appropriate orders and grant compensation for our lands situate in
                      59.Pioor Pillaivayal group, Sivagangai District bearing Sy.No.24/1
                      with an extent of 0.48.0 ares (01 acre 18 cents) and Sy.No.25/1 with
                      an extent of 0.16.0 ares (40 cents) acquired and laid rails for Gauge
                      conversion by the respondent 1 to 3.


                                  For Petitioner          : Mr.S.Ramesh

                                  For Respondents         : Mr.Rajarajan,
                                                            Government Advocate
                                                                for R4& R5


                                                     ORDER

The case of the petitioners is that their lands were acquired but that compensation was not paid to them. The petitioners contend that they have been giving representations to the authorities. The latest representation dated 30.07.2018 is enclosed in the typed set of papers. The fourth respondent is the authority competent to pass orders. The fourth respondent is directed to dispose of the petitioner's representation dated 30.07.2018 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this order. It is http://www.judis.nic.in 3 made clear that this Court has not expressed any opinion on the merits of the matter. It is open to the authority concerned to pass orders one way or the other. Accordingly, this writ petition is allowed. No costs.

14.11.2018 Skm To

1.The Revenue Divisional Officer, Collectorate Complex, Sivagangai.

2.The Tahsildar, Weekly Market Road, Sivaganai.

http://www.judis.nic.in 4 G.R.SWAMINATHAN, J.

Skm WP(MD)No.21952 of 2018 14.11.2018 http://www.judis.nic.in