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M.Radhakrishnan v. District Collector

Madras HC3 Jan 2023WP/34977/2022

Case brief

AI extract

What is this about?

The High Court at Madras, via a Single Judge, disposed of a writ petition under Article 226. The petitioner sought a writ of mandamus directing the Collector and Sub Collector to consider his representation dated 26.09.2022 while finalizing compensation for land acquired under the Tamil Nadu Acquisition of Land Act, 1997, for railway purposes in a residential colony.

What did the court decide?

Direction to the respondents to consider the petitioner's representation dated 26.09.2022 while finalizing or determining compensation and pass necessary orders by fixing compensation.

M.Radhakrishnan Vs District Collector — Property and Title | Madras HC (2023)

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W.P.No.34977 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.01.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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Writ Petition No.34977 of 2022

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M.Radhakrishnan ... Petitioner -Vs1.District Collector, Villupuram. 2. Sub Collector, Tindivanam … Respondents

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Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to consider the representation dated 26.09.2022 within a time to be fixed by this Court.

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For Petitioner : Mr.G.Baskar For Respondents : Mr.P.Sathish Additional Government Pleader

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https://www.mhc.tn.gov.in/judis

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W.P.No.34977 of 2022

ORDER

The prayer sought for herein is for a writ of mandamus directing the respondents herein to consider the representation dated 26.09.2022 within a time to be fixed by this Court.

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The petitioner's land at S.No.10/7 measuring 0.005.0 hectors at Melamvilangai Village, Tindivanam Taluk was acquired for Railway purpose under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997.

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Section 7(5) notice was issued and according to the learned

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Additional Government Pleader appearing for the respondents, thereafter compensation would be fixed.

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However, in the meanwhile, the petitioner had given

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representation on 26.09.2022 to the respondents stating that since the land in question acquired from the petitioner is in the midst of the residential area, where the area has been developed as a residential colony, suitable compensation is to be fixed.

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https://www.mhc.tn.gov.in/judis

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W.P.No.34977 of 2022

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In order to consider the said representation of the petitioner and

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to pass orders thereon the petitioner has moved the present writ petition.

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Heard Mr.G.Baskar, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents.

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Learned Additional Government Pleader appearing for the respondents would submit that the said request of the petitioner through his representation dated 26.09.2022 also would be taken into account before finalizing or determining the compensation by the Authorities concerned.

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Having taken note of the said stand taken by the learned Additional Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order:

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That there shall be a direction to the respondents to

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consider the representation of the petitioner dated 26.09.2022 while finalizing or determining the compensation payable to

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https://www.mhc.tn.gov.in/judis

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W.P.No.34977 of 2022

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the petitioner and accordingly, pass necessary orders by fixing

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the compensation for the land of the petitioner acquired for the

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said purpose.

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With this direction, this writ petition is disposed of. No costs.

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03.01.2023

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Index : Yes/No Speaking order: Yes/No

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1.District Collector, Villupuram.

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Sub Collector, Tindivanam

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https://www.mhc.tn.gov.in/judis

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W.P.No.34977 of 2022

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R. SURESH KUMAR, J.

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Writ Petition No.34977 of 2022

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03.01.2023

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https://www.mhc.tn.gov.in/judis

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M.Radhakrishnan v. District Collector

Case brief

What is this about?

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M.Radhakrishnan v. District Collector

Case brief

What is this about?

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