R. Kumar Vs the District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to consider the representation dated 03.10.2023, consequently direct the respondents to pay ex gratia compensation with respect to petitioner's acquired land bearing Survey Nos. 110/3, 119/1B, 119/3, 119/4, 119/5, 119/8A admeasuring 0.6700 hectare and Survey Nos.122/1 ad-measuring 0.9450 hectare and Survey Nos.121/1, 121/6 admeasuring 2.0300 hectare and Survey No.121/2 to 121/5 and 123/1 admeasuring 1.3500 hectare situated at Kottagam Village in Virudachalam Taluk, Cuddalore District in the light of Paragraph No.39 of the order in W.P.No.22745/2023 dated 07.08.2023 within a time frame.

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

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W.P.No.19260 of 2025

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For Petitioner : R.Selvakumar For Respondents : Mr.A.Selvendran Special Government Pleader for R1 Mr.A.R.L.Sundaresan, Additional Solicitor General, for Mr.N.Nithianandan for R2

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ORDER

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By consent of learned counsel on both sides, this writ petition is taken up for

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final disposal at the admission stage itself.

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The present writ petition is filed praying for writ of Mandamus, to direct the respondents to consider the representation dated 03.10.2023, consequently direct the respondents to pay ex gratia compensation with respect to petitioner's acquired land bearing Survey Nos.110/3, 119/1B, 119/3, 119/4, 119/5, 119/8A admeasuring 0.6700 hectare and Survey Nos.122/1 ad-measuring 0.9450 hectare and Survey Nos.121/1, 121/6 ad-measuring 2.0300 hectare and Survey No.121/2 to 121/5 and 123/1 ad-measuring 1.3500 hectare situated at Kottagam Village in Virudachalam Taluk, Cuddalore District in the light of Paragraph No.39 of the order in W.P.No.22745/2023 dated 07.08.2023.

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

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W.P.No.19260 of 2025

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It is submitted by the learned counsel for the petitioner that the subject property was acquired by the second respondent in the year 2009. It is stated that the second respondent is in process of giving ex gratia payment to all lands losers pursuant to the order passed by this Court in W.P.No.22745 of 2023 dated 07.08.2023. Hence the petitioner submitted a representation dated 03.10.2023 before the respondents seeking ex-gratia compensation in respect of the subject property. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has filed the present writ petition.

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At the outset, it was submitted by the le arned Additional Solicitor General appearing on behalf of the second respondent that the above representation is devoid of any merits inasmuch the entire compensation has already been paid in the year 2009-2010. In any view, it was submitted that the above representation would be considered by the second respondent and appropriate orders would be passed in accordance with law, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

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

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W.P.No.19260 of 2025

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5 . In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent, to consider the representation dated 03.10.2023 on its own merits and pass appropriate orders in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to petitioner and all other interested parties, within a period of four (4) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy, m arking a copy to the first respondent. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law.

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6. Accordingly, the writ petition stands disposed of. There will be no order

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as to costs.

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01.07.2025

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Speaking (or) Non Speaking Order Neutral Citation: Yes/No mrn

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