Disposed

V.Indramuthu, v. the Additional Chief Secretar

Madras HC10 Jul 2024WP/18105/2024

Case brief

AI extract

What is this about?

The Court directed the respondents to consider the petitioners' representation for making a reference under Section 64 of the Land Acquisition Act for enhancement of compensation and pass orders on merits within two months. The writ petition was disposed of with this direction.

What did the court decide?

Direction to respondents to consider representation for reference under Section 64 LARR Act, 2013 and pass orders on merits within two months.

V.Indramuthu, Vs the Additional Chief Secretar — Land Acquisition | Madras HC (2024)

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WP.No.18105 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.07.2024

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CORAM

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THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

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W.P.No.18105 of 2024

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V.Indiramuthu

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J.Tamilselvi

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S.Duraisami

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Gowthami

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R.Thenmozhi

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S.M.Latha

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N.Sundarasrinivasan

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S.Prabakaran

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N.Sivakumar 10. S.Vijayalakshmi 11. Saravanan

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S.Parimala 13. Selvi 14. V.Lakshmi 15. T.Kalaiyarasi 16. M.Sanmugam 17. M.Balakrishnan 18. B.Kumar

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Jamuna 20. N.Srinivasan 21. U.Jothikumari

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R.Kathiresan 23. N.Sathishkumar 24. V.Theerthamalai 25. Minor P.Kanika 26. Minor P.Srinath 27. K.A.Venkatesh 28. K.Kumar 29. N.Vengatesaprasath

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.. Petitioners

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

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WP.No.18105 of 2024

Versus

The Additional Chief Secretary and Commissioner of Land Administration, O/o.Commissioner of Land Reforms Administration, Chepauk, Chennai – 600 005.

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The District Collector, O/o.District Collector, Dharmapuri Distric – 636 705.

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The Special Tahsildar [Land Acquisition Officer], Hindustan Petrolium Corporation Limited, Sivadi Village, Nallampalli Taluk, Dhamapuri District. .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to make reference to the appropriate authority for determination of the enhancement of award of compensation and persons entitled to receive the same as per section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

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For Petitioners : Ms.M.Malar

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For Respondents : Mr.S.Jayachandran

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Government Advocate – R1 to R3

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ORDER

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With the consent of both sides, this Writ Petition is taken up for final

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disposal at the admission stage itself.

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

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WP.No.18105 of 2024

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This Writ Petition is filed to direct the respondents to make reference to the appropriate authority for determination of the enhancement of award of compensation and persons entitled to receive the same as per section 64 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

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Heard learned counsel for the petitioners and the learned

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Government Advocate appearing for the respondents and perused the materials available on record.

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The case of the petitioners is that the land of the petitioners have

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been acquired by the second respondent for the purpose of establishing petroleum storage depot of Hindustan Petroleum Corporation in Sivadi Village. It is the further case of the petitioners that the respondents had not awarded just compensation as per the Land Acquisition Act and also deposited certain amounts before the Court as there are multiple claimants. Therefore, the petitioners have given a representation to the respondents for making reference before the authority as per Section 64 of Right to Fair Compensation

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and Transparency in Land Acquisition Rehabilitation and Resettlement Act,

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WP.No.18105 of 2024

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But the same has not been considered by the respondents till date.

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Hence, the present Writ Petition.

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Considering the limited relief sought for in this writ petition, the

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respondents are directed to consider the representation of the petitioners dated 03.03.2023 for reference before the authority as per Section 64 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and pass orders on the same on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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With the above direction, this Writ Petition is disposed of. No

costs.

10.07.2024

vrc

Index :Yes/No Internet :Yes/No Neutral Citation : Yes/No

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

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WP.No.18105 of 2024

To,

The Additional Chief Secretary and Commissioner of Land Administration, O/o.Commissioner of Land Reforms Administration, Chepauk, Chennai – 600 005.

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The District Collector, O/o.District Collector, Dharmapuri Distric – 636 705.

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The Special Tahsildar [Land Acquisition Officer], Hindustan Petrolium Corporation Limited, Sivadi Village, Nallampalli Taluk, Dhamapuri District.

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

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5/6

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WP.No.18105 of 2024

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N. SATHISH KUMAR, J.

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vrc

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W.P.No.18105 of 2024

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10.07.2024

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

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V.Indramuthu, v. the Additional Chief Secretar

Case brief

What is this about?

What did the court decide?

V.Indramuthu, v. the Additional Chief Secretar

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

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