M/s. Jacsons Meditech private Limited v. The District Collector
WP/34067/2022 · 2025-02-14
N Anand Venkatesh
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 97624 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97624 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
W.P.No.34067 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 14.02.2025 CORAM THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH W.P.No.34067 of 2022 M/s.Jacsons Meditech Private Limited, Rep. by its Managing Director, Mr.Reji Jacob, No.5/389, Madipakkam Main Road, Madipakkam, Chennai – 600 091.
... Petitioner Vs. 1.The District Collector, District Collector Office, Thaiyur Kullam, Kancheepuram – 631 501. 2.The Special Tahsildar (LA), Oragadam Expansion Scheme, Pillaipakkam, Sriperumbudur, Kancheepuram District – 602 105. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the 1st respondent to refer the dispute in G.O.No.02/2019 dated 28.02.2019 vide Notice No.34/2010/A dated 04.03.2019 to the competent Civil Court. 1/4 https://www.mhc.tn.gov.in/judis
W.P.No.34067 of 2022
For Petitioner : Mr.P.Kabilan for Mr.Thomas T Jacob
For Respondents : Mr.A.Selvendran
Special Government Pleader
ORDER This writ petition has been filed for the issue of writ of mandamus directing the first respondent to refer the matter to the Civil Court under Section 18(1) of the Land Acquisition Act, wherein the petitioner is seeking for enhancement of compensation.
2. Heard Mr.P.Kabilan, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents. 3.In the instant case, the compensation was determined through an award dated 04.03.2019. This award amount was received by the petitioner under protest on 11.11.2019. Even thereafter, there was a communication from the side of the petitioner to refer the matter to the Civil Court. Since the same was not followed up, the present writ petition has been filed before this Court. 2/4 https://www.mhc.tn.gov.in/judis
W.P.No.34067 of 2022 4.In the considered view of this Court, once a protest or dissatisfaction has been shown by the land owner, it is the obligation on the part of the authorities to refer the matter to the Court under Section 18(2) of the Act. The law on the issue is now too well settled. This view has been constantly taken by the Hon'ble Supreme Court till the latest
judgment. 5.In view of the above, there shall be a direction to the first respondent to refer the matter to the Civil Court within a period of six weeks from the date of receipt of a copy of this order. Thereafter, the petitioner can workout his remedy seeking for enhancement of compensation in accordance with law. 6.This writ petition is disposed of with the above directions. No costs. 14.02.2025 (2/2) Index :Yes/No Internet:Yes/No Speaking/Non speaking order rsi 3/4 https://www.mhc.tn.gov.in/judis
W.P.No.34067 of 2022 N. ANAND VENKATESH, J. rsi To 1.The District Collector, District Collector Office, Thaiyur Kullam, Kancheepuram – 631 501. 2.The Special Tahsildar (LA), Oragadam Expansion Scheme, Pillaipakkam, Sriperumbudur, Kancheepuram District – 602 105. W.P.No.34067 of 2022 14.02.2025 (2/2) 4/4 https://www.mhc.tn.gov.in/judis