In this writ petition, the petitioner sought a stay on land acquisition work pending consideration of their representation. The court found the representation was rejected by the third respondent within the stipulated time, rendering the petition moot.
Writ Petition disposed of; W.M.P.(MD) No.6139 of 2021 closed; No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) No.8041 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2021 CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.8041 of 2021 and W.M.P.(MD) No.6139 of 2021
(Through Video Conference)
Jenipan ...Petitioner
Vs.
Tirunelveli District,
Tirunelveli.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents from carrying on any work in Survey No.621A/2B, Thisaiyanvilai Village, Thisaiyanvilai Taluk, Tirunelveli District till consider the petitioner's representation dated 12.11.2020, pursuant to the order dated 10.12.2020 made in W.P.(MD) No.18134 of 2020.
For Petitioner : Mr.C.Mayilvahana Rajendran
For Respondents : Mr.R.Sureshkumar, Government Advocate.
O R D E R
This Writ Petition has been filed for the issue of Writ of Mandamus forbearing the respondents from carrying out with any work in the subject property till the representation made by the petitioner on 12.11.2020 is considered in accordance with the order passed by this Court in W.P.(MD) No.18134 of 2020 dated 10.12.2020.
“Mr.K.P.Krishnadoss, learned Special Government Pleader takes notice for the respondents.
1/3
W.P.(MD) No.8041 of 2021
respondent to pass orders on the compensation sought for by the petitioner on or before 30.06.2021. The grievance of the petitioner is that, even without undertaking this exercise, steps are being taken by the respondents to take possession of the property.
“5. As regards the grounds raised in para, 6 and 7 it is submitted that the Honourable Madurai Bench of Madras High court in its Judgement WP(MD) No.18134/2020, dated 10.12.2020, directed the third respondent to consider the representation of the petitioner dated 12.11.2020 and to pass appropriate order in accordance with law, after hearing the petitioner and other interested person within a period of six months, preferably on or before 30.06.2021. In pursuance of the judgement, the third respondent conducted proper enquiry on 09.06.2021, by affording interested persons and passed an order in his proceedings ROC.A20/2019 opportunity to the petitioner and other dated 14.06.2021, rejecting the claim of the petitioner. The orders of the third respondent is strictly in accordance with the provisions of the land Acquisition Act. Hence this Contention deserves no consideration.
https://hcservices.ecourts.gov.in/hcservices/ 4. Recording the submissions of the learned Government Counsel
2/3
W.P.(MD) No.8041 of 2021
and the stand taken in the counter affidavit by the third respondent, it is clear that the representation made by the petitioner has been rejected and the respondents are proceeding further as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
sts
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
3/3
1 issue framed by the court
Whether the writ petition seeking stay on work in acquired land is maintainable after the petitioner's representation has been considered and rejected by the authorities in accordance with the order i
1 provisions across 1 enactments
Jenipan
The District Collector, Tirunelveli District
The Special Deputy Collector, River Water Linking Project, Tirunelveli
The Special Tahsildar (land Acquisition), River Water Linking Project, Unit-VI Radhapuram at Nanguneri
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
