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2025 DAILYLAW 13222 (MAD)

R.BASKAR v. THE DISTRICT COLLECTOR

WP/989/2025 · 2025-01-21

P T Asha

Special Leave Petitionbody2025

Judgment text

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W.P.No.989 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.01.2025 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.989 of 2025 R.Baskar ...Petitioner Vs 1.The District Collector Chengalpattu, Chengalpattu District. 2.The Special District Revenue Officer, Land Acquisition Office, Chengalpattu, Chengalpattu District. 3.The Tahsildar, Cheyyur, Chengalpattu District. ...Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, Directing the 2nd respondent to revise the compensation order passed by the respondent present market value as far as concern the land situated at No. 62 Mudaliarkuppam village, Cheyyur Taluk comprising in S. No 17/9 an extent of 256 S. Meters S. No 17/11 an extent of 145 S. Meters S.No.18/7B2 an extent of 285 S. Meters and S. no 18 / 8B2B an extent of 634 S. Meters by considering the petitioner representation dated 29.07.2024 in the light of Honble Apex court in SLP (C) No. 10338 of 1/5 https://www.mhc.tn.gov.in/judis W.P.No.989 of 2025 2023 in Bernard Francis Joseph Vaz and other -VS - Government of Karnataka and others dated 02.01.2025. For Petitioner : Mr.P.Murali For Respondents : Mr.A.Selvendran Special Government Pleader (For R1 to R3 ) ORDER The Writ Petition has been filed for the following reliefs:- To direct the 2nd respondent to revise the compensation order as per the present market value of the land situated at No. 62 Mudaliarkuppam village, Cheyyur Taluk, comprising in S.No.17/9 an extent of 256 sqmts, S.No.17/11 an extent of 145 sqmts, S.No.18/7B2 an extent of 285 sqmts and S.No.18 / 8B2B an extent of 634 sqmts by considering the petitioner's representation dated 29.07.2024 in the light of Hon'ble Apex court in SLP (C) No. 10338 of 2023 in Bernard Francis Joseph Vaz and other -VS - Government of Karnataka and others dated 02.01.2025. 2.It is the contention of the learned counsel for petitioner that the agricultural land situated at No. 62 Mudaliarkuppam village, Cheyyur Taluk comprising in S.No.17/9 an extent of 256 sqmts S.No.17/11 an extent of 145 sqmts, S.No.18/7B2 an extent of 285 sqmts and 2/5 https://www.mhc.tn.gov.in/judis W.P.No.989 of 2025 S.No.18/8B2B an extent of 634 sqmts belonged to him. It is submitted that the second respondent acquired the said property for express way of Puducherry-Mamallapuram Corridor National High Way 332A and had also issued compensation order dated 30.11.2022. Even after expiry of time mentioned in the compensation order, petitioner has not received any compensation. It is the further contention of the learned counsel for the petitioner that adjacent land owners had been awarded more compensation than the petitioner. Thereafter, petitioner made a representation dated 29.07.2024 to the second respondent requesting to revise the compensation as per new guideline value and the same was not considered. Aggrieved by the same, petitioner is before this Court. 3.Heard the learned counsels on either side and perused the records. Mr.A.Selvendran, the learned Special Government Pleader takes notice for R1 to R3. 4.The representation dated 29.07.2024 addressed to the District Revenue Officer with a copy marked to the first respondent shall be treated as claim petition. The writ petitioner bases his case on the judgment of the Hon'ble Supreme Court in SLP (c) No.10338 of 2023 in 3/5 https://www.mhc.tn.gov.in/judis W.P.No.989 of 2025 Bernard Francis Joseph Vaz and others Vs. Government of Karnataka and others. The documents filed would indicate that on 29.07.2024, the petitioner has addressed a representation to the second respondent with a copy marked to the first respondent. However, Mr.A.Selvendran, the learned Special Government Pleader would submit that there is nothing to show that the first respondent has received this claim petition. Therefore, while allowing the Writ Petition, a direction is issued to the petitioner to forward a claim petition afresh to the first respondent within a period of one week from the date of receipt of copy of this order and the first respondent shall consider and pass orders within a period of eight weeks thereafter. 5.Accordingly, the Writ Petition is allowed with the above directions. No costs. 21.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 4/5 https://www.mhc.tn.gov.in/judis W.P.No.989 of 2025 P.T.ASHA , J, ep To 1.The District Collector Chengalpattu, Chengalpattu District. 2.The Special District Revenue Officer, Land Acquisition Office, Chengalpattu, Chengalpattu District. 3.The Tahsildar, Cheyyur, Chengalpattu District. W.P.No.989 of 2025 21.01.2025 5/5 https://www.mhc.tn.gov.in/judis