1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 22.12.2016 CORAM THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.43997 of 2006 Veerappan .. Petitioner Versus 1.The District Collector, Namakkal, O/o.The District Collector, Thummankurichi Post, Namakkal Taluk & District. 2.The Revenue Divisional Officer, Namakkal, Nanakkal Taluk and District. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 1st respondent to consider the petitioner's representation dated 08.05.2014 and pass fresh award re-determining the compensation in accordance with Section 28A of the Land Acquisition Act as per the judgment of the learned Additional District Judge, Namakkal in L.A.O.P. Nos.5 to 173 of 2007 as confirmed by this Court in A.S. Nos.110 to 278 of 2015 dated 17.08.2015. For Petitioner : Mr.V.R.Annagandhi For Respondents : Mr.M.Elumalai, Government Advocate O R D E R 2 The petitioner has come to this Court seeking a direction to the 1st respondent to consider his representation dated 08.05.2014 and pass fresh award re-determining the compensation in accordance with Section 28A of the Land Acquisition Act as per the judgment of the learned Additional District Judge, Namakkal in L.A.O.P. Nos.5 to 173 of 2007 as confirmed by this Court in A.S. Nos.110 to 278 of 2015 dated 17.08.2015. 2.The grievance of the petitioner is that an extent of 1.57.5 Hectares of land in S.F. No.391/5A belonging to his mother, were acquired by the Government under the Land Acquisition Act 1891 for construction of Master Plan Complex, Namakkal. The Notification under Section 4(1) of the Act was published on 04.06.1998 in the Government Gazette. An Award Enquiry was held on various dates and the Land Acquisition Officer has fixed the compensation at Rs.61,728/- per Hectare under the Award No.7 of 1999 on 25.05.1999. Since the fixation of compensation was low, the petitioner sought for a reference under Section 18 of the said Act. Since he had not given a written request for such reference, the Land Acquisition Officer did not make a reference under the said Act. Similarly placed land owners had sought for a reference under Section 18 of the said Act and the same was made in L.A.O.P. Nos.5 to 173 of 2007 and the Reference Court classified the lands into two categories and awarded compensation at the rate of Rs.35/- per sq.ft. for the lands abutting the main road and Rs.26/- per sq.ft. 3 for the interior lands. Upon such fixation, the petitioner had made a representation dated 08.05.2014 seeking re-fixation of the compensation and the same has been received by the respondents. After receiving the representation, the respondents have not chosen to comply with the petitioner's request for re-determination under Section 28-A of the Land Acquisition Act 1894. In the meanwhile, appeals in A.S. Nos.110 to 278 of 2015 have been filed by the Land Acquisition Officer before this Court, challenging the award passed by the Reference Court dated 12.02.2014 and the said appeals have also been dismissed by a Division Bench of this Court on 17.08.2015. 3.Mr.M.Elumalai, learned Government Advocate, takes notice on behalf of the respondents. 4.Since there cannot be any hesitation on the part of the respondents to consider the case of the petitioner, this Court, granting four weeks time, directs the District Collector, Namakkal/first respondent to complete the exercise. Accordingly, this writ petition is disposed of. No costs. 22.12.2016 vga T.RAJA,J. vga To 4 1.The District Collector, Namakkal, O/o.The District Collector, Thummankurichi Post, Namakkal Taluk & District. 2.The Revenue Divisional Officer, Namakkal, Nanakkal Taluk and District. Writ Petition No.43997 of 2016 22.12.2016 http://www.judis.nic.in