Remanded

Dr.G.Ganga, W/O.R.Sudar v. the Special Tahsildar

Madras HC16 Aug 2018WP(MD)/5269/2018

Case brief

AI extract

What is this about?

This writ petition under Article 226 sought a direction to change the land classification from 'Punja' to 'House site' in acquisition proceedings. The Court directed the respondent to consider the petitioner's representation, provide a personal hearing, and pass orders within eight weeks without adjudicating merits.

What did the court decide?

Directed the respondent to consider the representation dated 05.02.2018, provide a personal hearing, and pass appropriate orders within eight weeks.

Dr.G.Ganga, W/O.R.Sudar Vs the Special Tahsildar — Land Acquisition | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.08.2018

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CORAM

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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W.P(MD).No.5269 of 2018

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G.Ganga

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Vs.

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The Special Tahsildar (Land Acquisition), N.K.No.27/2009/LA,

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Airport Acquisition Extension Wing-1, Madurai – 625 020.

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... Respondent

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PRAYER:- Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondent to change the classification of the land acquisition mentioned property as House site in respect of Survey No.455/2A 1A, 0.78.50 part area bearing Door No.6, Airport Road, Wing – 3, Avaniyapuram Town Panchayat, Madurai.

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For petitioner : Mr.M.V.Santharaman For respondent : Mr.D.Muruganandham, Addl. Government Pleader

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ORDER

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This writ petition has been filed by the petitioner for a Mandamus, to direct the respondent to change the classification of the land in Survey No.455/2A 1A, 0.78.50 part area, bearing Door No.6, Airport Road, Wing – 3, Avaniyapuram Town Panchayat, Madurai, as House site in the acquisition proceedings.

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The case of the petitioner is that in the year 2002, she has purchased a house site in Survey No.455/2 and constructed a house in the said land by obtaining loan and she has been paying property tax, etc. While so, the Government has announced to acquire the land in the said survey number for Madurai Airport Extension Wing -1. In this regard, the respondent has issued an enquiry notice on 22.11.2017 to the petitioner, in which the land in the said survey number was classified as “punja”. The petitioner appeared in person before the respondent, produced all the documents and requested to classify the land as House site. The petitioner does not have any objection for acquisition. The grievance of the petitioner is that the classification of the land has been wrongly mentioned by the https://hcservices.ecourts.gov.in/hcservices/ respondent as “Punja” and such classification will lead to less compensation. In this regard, the petitioner has sent a

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representation, dated 05.02.2018, along with relevant documents, to the respondent. As there was no response to the same, the petitioner has come up with this writ petition.

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3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

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Considering the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner, dated 05.02.2018 and after providing an opportunity of personal hearing, pass appropriate orders on merits and in accordance with law. The said exercise shall be completed by the respondent within a period of eight weeks from the date of receipt of a copy of this order.

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This Writ Petition stands disposed of accordingly. No costs.

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Sd/-

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Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar(CS-III)

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The Special Tahsildar (Land Acquisition), N.K.No.27/2009/LA,

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Airport Acquisition Extension Wing-1, Madurai – 625 020.

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+1cc to M/S.T.R.Subramanian, Advocate SR.No. 78838

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W.P(MD).No.5269 of 2018 16.08.2018

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gcg

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JM/KAK/SAR 3/07.09.2018/2P/3C

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https://hcservices.ecourts.gov.in/hcservices/

Dr.G.Ganga, W/O.R.Sudar v. the Special Tahsildar

Case brief

What is this about?

What did the court decide?

Dr.G.Ganga, W/O.R.Sudar v. the Special Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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