Writ petitions challenging submersion of land due to check dam construction and sand excavation. Court directed respondent to consider representations for alternative land or compensation per Revenue Standing Orders within 12 weeks.
Direction to consider representations for alternative land/compensation within 12 weeks per Revenue Standing Orders.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P. Nos.21645 and 21642 of 2024
D.Vidyavathi .. Petitioner in W.P.No.21645 of 2024
D.Lakshmipathy ..Petitioner in W.P.No.21648 of 2024
Vs.
.. Respondents in both the petitions
Prayer in W.P.no.21645 of 2024: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing respondents to provide wet land equal to the land the second respondent had constructed a check dam across the said Arni River to 10 feet height which
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has resulted in the submersion of the petitioner's land that causing stoppage of cultivation activities without considering the consequences or on the alternative to pay appropriate compensation.
Prayer in W.P.No.21648 of 2024: Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing respondents to provide wet land equal to the land said to have acquired by the respondents for digging said quarry for strengthening the check wall and exavated the sand from the petitioner land or on the alternative to pay appropriate compensation for the land make unfit for cultivation.
For Petitioner : Mr.A.Arokiadoss (In both the petitions)
For Respondents : Mr. U.Bharanidharan AGP For RR1, 2 & 4 Mr.Yogesh Kannadasan, SGP for R3 (In both the petitions)
COMMON ORDER
W.P.No.21645 of 2024 has filed seeking a direction to
respondents to provide wet land equal to the land the second respondent had constructed a check dam across the said Arni River to 10 feet height which has resulted in the submersion of the petitioner's land that causing stoppage of cultivation activities without considering the consequences or on the alternative to pay appropriate compensation.
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may direct the respondents to consider the petitioners representations and to provide alternative wet land equal to the petitioners land within the
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stipulated time as fixed by this Court.
Additional Government Pleader appearing for the respondents and perused the materials available on record.
of the limited request sought for by the petitioners, this Court directs the second respondent to consider the petitioners representation and pass appropriate orders as per the Revenue Standing Orders within the period of twelve weeks from the date of receipt of a copy of this order.
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05.08.2024
Index : Yes/No Internet : Yes/No Rli To 1. The Tahsildar Ponneri Taluk, Thiruvallur District. 2. Collector, Thiruvallur District – 602 001.
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M.DHANDAPANI, J.
rli
W.P. Nos.21645 and 21642 of 2024
05.08.2024
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1 issue framed by the court
Whether respondents are liable to provide alternative wet land equal to the submerging/acquired land or pay compensation for cultivation stoppage?
1 provisions across 1 enactments
D.Vidyavathi
D.Lakshmipathy
The Tahsildar Ponneri Taluk, Thiruvallur District
Collector, Thiruvallur District
The Chief Engineer, Water Resource Department, Chepauk, Chennai
The Commissioner for Revenue Administration, Ezhilagam, Chepauk, Chennai
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
