Prabakaran Vs the District Collector

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the first respondent to consider the petitioners representation dated 09.04.2025 seeking for payment of total compensation of Rs.37,69,340/- in pursuant to Judgment and Decree dated 28.10.2024 passed in L.A.O.P.No.42 of 2015 on the file of the Special Sub Court for LAOP Cases, Thiruvallur, consequently directing the second respondent to expedite petition dated 20.11.2024 praying for enhancement of compensation under Section 18 of the Land Acquisition Act, 1894.

¶15

For Petitioners : Mr.B.Manimaran For Respondents : Mr.A.Selvendran Special Government Pleader ORDER

¶16

1/7

¶17

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

¶18

W.P.No.28816 of 2025

¶19

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

¶20

2. The present writ petition is filed praying for a writ of mandamus, to direct the first respondent to consider the petitioners representation dated 09.04.2025, seeking for payment of total compensation of Rs.37,69,340/pursuant to Judgment and Decree dated 28.10.2024 passed in L.A.O.P.No.42 of 2015 on the file of the Special Sub Court for LAOP Cases, Thiruvallur, consequently to direct second respondent to expedite petition dated 20.11.2024, praying for enhancement of compensation under Section 18 of the Land Acquisition Act, 1894.

¶21

It is submitted by the learned counsel for the petitioners that first petitioner gave a representation dated 09.04.2025, seeking release of payment of total compensation of Rs.37,69,340/- a s per the order passed by the Special Sub Court for LAOP Cases, Thiruvallur. The grievance of the petitioners is that till date the said representation was not considered by the respondents. Hence, the present writ petition.

¶22

Mr.A.Selvendran, learned Special Government Pleader for the

¶23

2/7

¶24

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

¶25

W.P.No.28816 of 2025

¶26

respondents would submit that the prayer in this writ petition is in two fold, one is for payment of compensation of Rs.37,69,340/- pursuant to the Judgment and Decree dated 28.10.2024 passed in L.A.O.P.No.42 of 2015 on the file of the Special Sub Court for LAOP Cases, Thiruvallur and the second one is for enhancement of the compensation.

¶27

5. Learned Special Government Pleader would further submit that compensation of Rs.37,69,340/- which was awarded must have been deposited in Special Sub Court for LAOP Cases, Thiruvallur. It is always open to the petitioners to make an application for withdrawal of the aforesaid compensation amount. He would further submit that the petitioners' representation dated 09.04.2025, seeking for payment of compensation of Rs.37,69,340/- would be considered and appropriate orders would be passed including the disbursement of the said amount, in accordance with law, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioners.

¶28

6. Insofar as the second part of the prayer, namely, to enhance the compensation by considering the petition dated 20.11.2024 is concerned, the learned Special Government Pleader, on instructions, would submit that there is

¶29

3/7

¶30

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

¶31

W.P.No.28816 of 2025

¶32

no representation dated 20.11.2024 made for enhancement of compensation and the only representation made by the petitioners was on 09.04.2025. He would submit that representation for enhancement of compensation, if any being made, would be considered in accordance with law and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioners.

¶33

7. In view of the limited relief that is prayed, this Court is inclined to dispose of this writ petition and accordingly, this writ petition is disposed of with following directions:-

¶34

i) The respondents shall consider the representation dated 09.04.2025 and also representation, if any, made/may be made seeking enhancement of compensation and dispose of the same in accordance with law, after issuing notice to the petitioners and all other interested parties including rival claimants, if any.

¶35

ii) Petitioner may submit a request / an application for withdrawal of compensation of Rs.37,69,340/-, the same would be considered and compensation disbursal order may be passed in accordance with law.

¶36

4/7

¶37

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

¶38

W.P.No.28816 of 2025

¶39

iii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document to satisfy itself of the petitioners' entitlement for payment of compensation of Rs.37,69,340/- and for enhancement of compensation.

¶40

iv) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for receipt of a certified copy.

¶41

v) It is made clear that this Court has not expressed any views with regard to the merits of the matter including limitation, if any. It is open to the respondents to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioners and all other interested parties are left open. No costs.

¶42

13.08.2025

¶43

(2/2)

¶44

Neutral Citation : Yes / No arb

¶45

5/7

¶46

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

¶47

W.P.No.28816 of 2025