Advocates:
['V RAJESH', '', 'D SATHYA-MS', 'ZEENATH BEGUM-MS']

W.P.No.16878 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.16878 of 2022

Sri Muthusaravana Spinning Mills Pvt., Ltd

rep.by its Joint Managing Director A.Velkumar

... Petitioner

vs.

1.The District Collector,

Namakkal District,

Collectorate, Tiruchengode Road,

Namakkal 637 003.

2.Land Acquisition Officer and District Revenue Officer,

Collectorate, Namakkal 637 003.

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to

issue a Writ of Mandamus to direct the first respondent to act on the petitioners

representation dated 9 / 3 / 2022 and make a reference to the appropriate

Authority viz. the principal District Judge Namakkal- as contemplated under

Sec. 64 of the Right to Fair Compensation and Transparency in Land

Acquisition Rehabilitation and Resettlement Act 2013.

For Petitioners

: Mr.V.Rajesh

For Respondents

: Mr.G.Krishnaraja

Additional Government Pleader

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W.P.No.16878 of 2022

ORDER

This writ petition has been filed for issuance of writ of Mandamus to

direct the first respondent to act on the petitioners representation dated

09.03.2022 and make a reference to the appropriate Authority viz. the principal

District Judge Namakkal- as contemplated under Sec. 64 of the Right to Fair

Compensation and Transparency in Land Acquisition Rehabilitation and

Resettlement Act 2013.

2. The case of the Joint Managing Director, who represents the petitioner

company, is that a portion of lands and building belonging to the petitioner

Company, admeasuring an extent of 1950 sq.m in S.F.No.57/2D, 1400 sq.m in

S.F.No.58/2A and 154 sq.m in S.F.No.58/1 were acquired by the Government

of Tamil Nadu by issuing a notification dated 03.11.2015 for formation of a bye

pass road to Rasipuram Town and the 2^nd respondent Land Acquisition Officer

has determined the compensation payable to the petitioner Company for

acquisition of its lands at Rs.1,99,31,384/-. Aggrieved by the meagre amount of

compensation, the repeated written representations to the 1^st respondent as

contemplated under Section 64 of the Central Act No.30 of 2013, was made to

make reference to the appropriate authority, however, the 1^st respondent has not

responded to the said representations. Hence, the petitioner is before this Court.

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W.P.No.16878 of 2022

3.Though very many grounds have been raised, learned counsel for the

petitioner submits that though admittedly the petitioner received the award

copy on 25.02.2021, immediately thereafter, the petitioner made application

before the District Collector on 24.03.2021 and the same was acknowledged by

the 1^st respondent also. Hence, it would suffice if this Court issues direction to

the 1^st respondent to consider the petitioner's representation dated 24.03.2021

and pass orders on the same within a particular time frame fixed by this Court.

4.The learned Additional Government Pleader appearing for the official

respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing

any opinion on the merits of the case directs the 1^st respondent to consider the

petitioner's representation dated 24.03.2021 to refer the matter to the

appropriate court for determination of fair compensation under Central Act 30

of 2013, on merits and in accordance with law and pass appropriate orders,

within a period of twelve weeks from the date of receipt of a copy of this order.

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W.P.No.16878 of 2022

M.DHANDAPANI, J.

sk

6. This writ petition is accordingly disposed of. No costs.

04.07.2022

sk

To

1.The District Collector,

Namakkal District,

Collectorate, Tiruchengode Road,

Namakkal 637 003.

2.Land Acquisition Officer and District Revenue Office