Petitioner sought deferral of refixation of surface right compensation for its lands in Salem. The court was informed that the District Collector had already completed the refixation on 25.11.2024, rendering the petition infructuous, and dismissed it with liberty to challenge the refixation order.
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W.P.No.36084 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.36084 of 2024 and
W.M.P.No.38983 of 2024
M/s. Sri Ponguru Magnesite Mines, Rep. by its Proprietor S.Sundararajan 5/22 A, Periyakollapatti, Kannankurichi Post, Salem 636 008.
... Petitioner
vs.
1.State of Tamil Nadu Rep. by its Secretary to Government, Natural Resources Department, Secretariat, Fort St. George, Chennai – 600 009.
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
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W.P.No.36084 of 2024
India, to issue a Writ of Mandamus, directing the Respondent herein to consider the representation of the petitioner dated 01.11.2024 and defer the proceedings for refixation of the surface right compensation in respect of the lands of an extent of 77.50.0 hectares in Survey No.178 of Jagir Ammapalayam Village, Salem Taluk, Salem District, Tamil Nadu.
For Petitioner : Mrs.AL.Gandhimathi Senior Counsel for M/s.A.Saravanan
For Respondents : Mr.B.Vijay Additional Government Pleader
O R D E R
When the writ petition is taken up for hearing, Mr.B.Vijay, learned
Additional Government Pleader, who is taking notice for the respondents would submit that the refixation has already been done by the 2nd respondent in e/f/vz;/30-2013-fdpkk;?m. ehs;: 25.11.2024.
Government Pleader appearing for the respondents, the prayer sought for by
the petitioner in this writ petition has become infructuous.
W.P.No.36084 of 2024
However, it is open to the petitioner to challenge the order passed by the 2nd respondent in e/f/vz;/30-2013-fdpkk;?m. ehs;: 25.11.2024 refixing the surface right compensation by raising all the grounds raised in this writ petition. No costs. Consequently, the connected writ miscellaneous petition is closed.
27.11.2024
Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm
To
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W.P.No.36084 of 2024
S.SOUNTHAR, J.
dm
W.P.No.36084 of 2024
27.11.2024
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1 issue framed by the court
Should the respondents be directed to consider the petitioner's representation and defer refixation of surface right compensation for the petitioner's lands?
1 provisions across 1 enactments
M/s. Sri Ponguru Magnesite Mines, Rep. by its Proprietor S.Sundararajan
State of Tamil Nadu, Rep. by its Secretary to Government, Natural Resources Department
The District Collector, Salem District
The Commissioner of Geology and Mining, Department of Geology and Mining
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
