Petitioners sought a writ of mandamus directing the District Collector to consider their representation for an alternative site in a land acquisition dispute under Article 226, without adjudicating merits.
Directed the District Collector to consider the petitioners' representation dated 12.07.2018 and pass suitable orders within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.01.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.30361 of 2018
1.Samundeswari
2.Sakariya
3.S.V.Ravikumar
4.V.Mahendran
5.R.Gowari
6.B.Sreenivasan
7.A.VittaBai
8.S.Mohan
9.S.Balaji
10.Gomathi
11.S.Thalapathi
12.A.Kannan ... Petitioners
Vs.
1.The District Collector,
Thiruvallur District,
Thiruvallur.
2.The Project Director,(PIV)
National Highways Authority of India,
SRI TOWERS, 3 rd Floor, DP-34,
Industrial Estate, Guindy,
Chennai – 600 0032.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution
of India, praying to issue a writ of MANDAMUS, directing the
respondents to consider the petitioner's representation dated
12.07.2018 and dispose of the same within a time frame.
For Petitioners : Mr.W.M.Abdul Majeed For Respondents : Mr.D.Raja Additional Government Pleader for R-1
Mr.Su.Srinivasan Assistant Solicitor General for R-2
O R D E R
This writ petition has been filed seeking direction to the respondents to consider the petitioner's representation dated 12.07.2018.
2.According to the petitioners, the land in which the petitioners were residing has been acquired by the respondents for Ennore Express way and they were all vacated from their land on 17.02.2018. Subsequently, the petitioners made a representation dated 12.07.2018 before the District Collector,Thiruvallur, the first respondent herein, seeking for alternative site. But, the first respondent was not considered the said representation. Hence, the present writ petition is filed.
3.Considering the limited prayer sought for in the writ petition, without going into merits of the case, the first respondent is directed to consider the petitioner's representation dated 12.07.2018 and pass suitable orders on merits in accordance with law within a period of eight weeks from the date of receipt of copy of this order.
1 issue framed by the court
Whether the District Collector should consider the petitioners' representation dated 12.07.2018 regarding alternative site acquisition.
1 provisions across 1 enactments
Samundeswari and others
The District Collector, Thiruvallur District
The Project Director, (PIV) National Highways Authority of India
V.BhARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
