Allowed

Kotteeswaran, S/o.Sanjeevi v. The District Collector

Madras HC7 Dec 2021WP/15453/2018

Case brief

AI extract

What is this about?

Writ petition challenging the failure of respondents to refer an acquisition award to the Subordinate Court as per Section 18 of the Land Acquisition Act. The court directed the respondents to decide the representation and any subsequent protest on merits within three months.

What did the court decide?

Directing the respondents to dispose of the petitioner's representation of 25.09.2017 within three months, considering any protest filed on receipt of the award amount.

Kotteeswaran, S/o.Sanjeevi Vs The District Collector — Land Acquisition | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.12.2021

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C O R A M

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THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

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W.P.NO.15453 OF 2018 AND W.M.P.NO.18339 OF 2018

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1.Kotteeswaran 2.Ramanan 3.Radhabai 4.Baby Ammal 5.Lakshmi Ammal 6.Manickam Ammal 7.Mohana 3 to 7 represented by their Power agent Kotteeswaran, 1^st petitioner ...Petitioners Vs 1.The District Collector, Vellore District, Collectorate Complex, Vellore. 2.The Revenue Divisional Officer, Ranipet Town, Vellore District – 606 701. 3.The Chief Engineer, Gauge Conversion, Southern Railways, Chennai. ...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus directing the respondents herein to consider and pass appropriate orders on the petitioner's representation dated 25.09.2017 requesting the respondents to immediately take steps to refer the acquisition Award No.4/2009 dated 16.09.2009.

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For Petitioners : M/S.V.Prakash Babu

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

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For R1 & R2

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: Mrs.C.Meera Arumugam Additional Government Pleader

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For R3

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: Mr.P.T.Ram Kumar Standing Counsel

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ORDER

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This Writ Petition has been filed, seeking for issuance of a Writ of Mandamus, to direct the respondents herein to consider and pass appropriate orders on the petitioner's representation dated 25.09.2017 requesting the respondents to immediately take steps to refer the acquisition Award No.4/2009 dated 16.09.2009.

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According to the petitioners, the 2^nd respondent acquired the lands belonged to the mother of the petitioners and passed award. The petitioners, being legal heir of the original owner, raised their objections and requested the 2^nd respondent to refer the award to the Subordinate Court, Arakkonam. However, as there was no response, the 1^st petitioner made a representation to the 1^st respondent dated 25.09.2017 which also evoked no response. Therefore, this Writ Petition has been filed before this Court to pass appropriate orders.

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Per contra, Mrs.C.Meera Arumugam, learned Additional Government Pleader for the respondents would submit that in the present case, entire award amount was accepted without any protest and no protest petition was also filed objecting the quantum of the award. Therefore, the 2^nd respondent has not taken any steps to refer the award to the Subordinate Court, Arakkonam.

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However, the learned counsel for the petitioners submits that the petitioners have already filed the protest petition. But this Court is not in a position to ascertain whether the protest petition was received by the respondents, which was said to have made at the time of receipt of the award by the petitioner.

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Therefore, this Court directs the respondents to consider and dispose of the representation of the petitioner dated 25.09.2017 by taking into consideration of the protest petition if any filed by the petitioner at the time of the receipt of the award amount on merits and in accordance with law, after affording an opportunity to the petitioner, within a period of three months from the date of receipt of a copy of this order.

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

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6 With the above direction, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petition is closed.

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Sd/Assistant Registrar(CS-II)

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// True Copy //

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Sub Assistant Registrar

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sp/jd

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1.The District Collector, Vellore District, Collectorate Complex, Vellore.

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2.The Revenue Divisional Officer, Ranipet Town, Vellore District – 606 701.

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3.The Chief Engineer, Gauge Conversion, Southern Railways, Chennai.

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+1cc to Mr.P.T.Ramkumar, Advocate Sr.No.64688

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+1cc to the Government Pleader Sr.No.65339

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W.P.No.15453 of 2018

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PMK(CO) RVM(16/02/2022)

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

Kotteeswaran, S/o.Sanjeevi v. The District Collector

Case brief

What is this about?

What did the court decide?

Kotteeswaran, S/o.Sanjeevi v. The District Collector

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

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