Madras High Court
M.Radhakrishnan vs District Collector on 2 December, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.32299 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.32299 of 2022
M.Radhakrishnan ... Petitioner
Vs.
1.District Collector,
Villupuram.
2.Sub Collector,
Tindivanam. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondents herein to consider
the petitioner's representation dated 10.10.2022 within a time to be
fixed by this Hon'ble Court.
For Petitioner : Mr.G.Baskar
For Respondents : Mr.T.K.Saravanan
Government Advocate
ORDER
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 10.10.2022 within a time to be fixed 1/4 https://www.mhc.tn.gov.in/judis W.P.No.32299 of 2022 by this Court.
2.The case of the petitioner is that the petitioner's land was acquired under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997, for the purpose of Tindivanam Nagari Railway Roof Project and the respondents directed the petitioner to appear before the second respondent for finalizing the compensation amount. Since the compensation amount fixed for his property is less than the compensation amount fixed for the nearby property, the petitioner made representation to the respondents seeking to fix equal amount of compensation and since the same has not yet been considered, has filed this writ petition.
3.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 10.10.2022 in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) and to pass appropriate orders within a reasonable time frame. 2/4 https://www.mhc.tn.gov.in/judis W.P.No.32299 of 2022
4.The learned Government Advocate appearing for the respondents submitted that award will be passed in terms of Act 30 of 2013.
5.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 10.10.2022, on merits and in accordance with law and to pass appropriate orders in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013), within a period of twelve weeks from the date of receipt of a copy of this order.
6.This writ petition is accordingly disposed of. No costs.
02.12.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To
1.The District Collector, Villupuram.
2.The Sub Collector, Tindivanam.
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