1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P.(MD).Nos.10965 and 10966 of 2011 S.Sivagami : Petitioner in W.P.(MD).No.10965 of 2011 M.Alagammal : Petitioner in W.P.(MD).No.10966 of 2011 Vs. 1.The District Collector, Tirunelveli District. 2.The Special Tahsildar, (Land Acquisition), (Neighbourhood Scheme), TNHB Building, Thiyagaraja Nagar, (*)Tirunelveli District 627 011. : Respondents PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India for the issue of a Writ of Mandamus directing the first respondent to re-determine the compensation for the acquisition of the petitioners' land in Ayanpunjai Survey No.35/1, V.M.Chatram, Tirunelveli under Land Acquisition Award No.3/1992 – 93 at the rate of Rs.6,750/- per cent and grant the same to the petitioners. For Petitioners : Mr.G.Prabhu Rajadurai For Respondents : Mr.R.Anandaraj Government Advocate COMMON ORDER Mr.R.Anandaraj, learned Government Advocate, takes notice on behalf of the respondents. By consent, these Writ Petitions are taken up for final disposal at the stage of admission itself. 2. The plots relating to the petitioners along with other adjacent plots were acquired by the second respondent for Housing Board Neighbourhood Scheme and it appears that some of the persons, whose plots were acquired and their dispute regarding the compensation was referred to under Section 18 of the Land Acquisition Act, were paid compensation. Based on the same, the petitioners, as per Section 28(A) of the Land Acquisition Act, 1894, have made a request to the first respondent seeking to pay similar compensation to them by way of re-determination. It is also their case that in respect of similarly situated persons, whose rights and requests were not referred to under Section 18 of the Act, were paid amount, which https://hcservices.ecourts.gov.in/hcservices/ 2 was fixed by the Court under Section 18 of the Act, however, the representations made by the petitioners claiming a similar relief on 28.03.2011 are pending. 3. Considering the above said facts and circumstances of the case, without going into the merits of the case, these Writ Petitions stand disposed of with a direction against the first respondent to consider the representations of the petitioners dated 28.03.2011 in respect of their claim for re-determination of the compensation in respect of the plots acquired in Survey No.35/1, Plot Nos.36 and 32 to an extent of 5.50 cents respectively at V.M.Chatram, Village, Palayamkottai Taluk, Tirunelveli District, and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(Records) (*)Amended as per order of this Court dated 19.10.2011 made in WP.10965/2011 Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar (CS) To be substituted for the orders already despatched on 18.10.2011 1.The District Collector, Tirunelveli District. 2.The Special Tahsildar, (Land Acquisition), (Neighbourhood Scheme), TNHB Building, Thiyagaraja Nagar, (*) Tirunelveli District 627 011. +1cc to the Special Govt.Pleader, Sr.No.33453 nb ssk/12.10.2011 COMMON ORDER MADE IN W.P.(MD).Nos.10965 and 10966 of 2011 26.09.2011 TR :02.11.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/