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Bathiyappa Vs The District Collector — Land Acquisition | Madras HC (2024)

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Madras HC
2024
Bathiyappa Vs The District CollectorBathiyappa v. The District Collector

Allowed

Bathiyappa v. The District Collector

Madras HC28 Nov 2024WP/15318/2023

Case brief

from the order text

What is this about?

IN THE HIGH COURT OF JUDICATURE AT MADRAS…

What the court decided

AI extract

Outcome

A

W.P.No.15318 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA

W.P.No.15318 of 2023

Bathiyappa

... Petitioner

Vs.

The District Collector, Krishnagiri.

The Special District Revenue Officer (LA), Sipcot Phase III & IV, 1/165/3, Rajaji Nagar, 5^th Cross, Rayakottai Main Road, Krishnagiri.

The Special Tahsildar, (L.A.), Sipcot Phase III, Unit – II, Schoolagiri Taluk, Krishnagiri District. ... Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the 1^st respondent to grant the compensation for the acquisition of the petitioner's property comprised in S.Nos.121/2A and 121/3B situated at Attakurikki Village, Schoolagiri Taluk, Krishnagiri District by considering the representation dated 14.03.2023.

Issues for consideration

1 issue framed by the court

AI extract

1.
Is the District Collector bound to consider the petitioner's representation for compensation for land acquired under Sipcot Phase III?

Statutes considered

2 provisions across 1 enactments

AI extract

Constitution of IndiaArticle 226Article 300A

Parties & counsel

AI extract

petitioner
Bathiyappa
respondent
The District Collector, Krishnagiri
respondent
The Special District Revenue Officer (LA), Sipcot Phase III & IV
respondent
The Special Tahsildar (L.A.), Sipcot Phase III, Unit-II

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 28 Nov 2024 · November
Registered: 10 May 2023
Case no.: WP/15318/2023

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Cite this judgement

Bathiyappa v. The District Collector, WP/15318/2023 (MAD), decided on 28 November 2024.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226 · Article 300A

View all statutes

Bench / Coram

P.T.Asha

Parties & counsel

Allowed

Issue for consideration

Is the District Collector bound to consider the petitioner's representation for compensation for land acquired under Sipcot Phase III?

A compact analysis

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.

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

_____________ Page No. 1 of 4_

W.P.No.15318 of 2023

For Petitioners : Mr.M.Mohamed Riyaz For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

Mr.A.Selvendran, learned Special Government Pleader takes notice on behalf of the Respondents.

This Writ Petition has been filed for a Mandamus to direct the 1^st Respondent to grant the compensation for the acquisition of the petitioner's property comprised in S.Nos.121/2A and 121/3B situated at Attakurikki Village, Schoolagiri Taluk, Krishnagiri District by considering the representation dated 14.03.2023.

The Petitioner's case is that the Respondents 2 & 3 had acquired the properties comprised in S.Nos.121/2A, 121/3B, 121/2B and 121/3A. However, the compensation in respect of the properties comprised in S.Nos.121/2A and 121/3B had not been disbursed to the Petitioner. Despite several representations/requests there has been no response from the Respondents 2 & 3.

The Petitioner has also sent a representation on 14.03.2023 which has also not effected any response.

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

_____________ Page No. 2 of 4_

W.P.No.15318 of 2023

Heard the learned counsel for the Petitioner and the learned Special

Government Pleader for the Respondents.

For the lands having been acquired the Respondents are bound to

compensate the Petitioner. The right to property have been enshrined and protected under Article 300A of the Indian Constitution, which states that no one can be deprived of their right to property except by due process of law. Therefore, the inaction on the part of the 1^st Respondent in his failure to discharge the statutory duty is disheartening.

In view of the above, Writ Petition is allowed by directing the 1^st Respondent to consider the representation of the Petitioner dated 14.03.2023 and pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this Order. No costs.

28.11.2024

Index : Yes/No Speaking/Non-speaking Order Neutral Citation :Yes/No rgm

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

_____________ Page No. 3 of 4_

W.P.No.15318 of 2023

P.T.ASHA, J.

rgm

To

The District Collector, Krishnagiri.

The Special District Revenue Officer (LA), Sipcot Phase III & IV, 1/165/3, Rajaji Nagar, 5^th Cross, Rayakottai Main Road, Krishnagiri.

The Special Tahsildar, (L.A.), Sipcot Phase III, Unit – II, Schoolagiri Taluk, Krishnagiri District.

W.P.No.15318 of 2023

28.11.2024

https://www.mhc.tn.gov.in/judis _____________ Page No. 4 of 4_

P.T.Asha

CNR

HCMA010579032023

Topic

Land Acquisition

Bench

Disposal

ALLOWED

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