IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 26-04-2011 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.11932 of 2006 1.Rajamma 2.Krishnappa 3.Rathnamma 4.Venkatesh .. Petitioners. Versus 1.The District Collector, Dharmapuri District, Dharmapuri. 2. The Special Tahsildar, Land Acquisition Officer, Hosur-Kelavarapalli Reservoir Project, Hosur, Dharmapuri District. .. Respondents. Prayer: Petition filed seeking for a Writ of Mandamus, directing the respondents herein to make a referene to the concerned Civil Court, under Section 18 of the Land Acquisition Act, 1894, for getting a higher compensation in so far as the award of the compensation in respect of the petitioners lands are concerned comprised in Survey No.124/3B of an extent of 0.05.5 hectares situate in 126 Kammandoddi Village, Hosur Taluk, Dharmapuri District, in respect of the subject matter of the award proceedings in e/f/vz;/358/89(A), dated 6.10.1991 of the 2nd respondent, under Award No.24/91, dated 7.10.1991. For Petitioners : Mr.P.Jagadeesan For Respondents : Ms.D.Geetha Additional Government Pleader O R D E R This writ petition has been filed praying for a Writ of Mandamus to direct the respondents to make a reference to the concerned Civil Court, under Section 18 of the Land Acquistion Act, 1894, for getting a higher compensation for the lands comprised in Survey No.124/3B, in Kammandoddi Village, Hosur Taluk, Dharmauri District, pursuant to the award passed by the second respondent, dated 7.10.1991. https://hcservices.ecourts.gov.in/hcservices/ 2. The learned counsel for the petitioners had contended, inter alia, that the lands belonging to the petitioners had been acquired, along with certain other lands, in Kammandoddi Village, for the purpose of Kelavarapalli Reservoir project. The petitioners had participated in the award enquiry and had raised their objections, with regard to the quantum of award fixed by the authorities concerned, as compensation for the acquired lands. Thereafter, the second respondent had passed the award, dated 7.10.1991. 3. The petitioner was under the impression that the enquiry officer had sent the award to the concerned Civil Court, under Section 18(1) of the Land Acquisition Act, 1894. However, on coming to know that no such reference had been made, the petitioner had preferred the present writ petition before this Court, under Article 226 of the Constitution of India. 4. The learned counsel appearing on behalf of the petitioner had relied on the decisions of this Court, made in W.P.Nos.18593 to 18598 of 2004, dated 14.7.2004 and W.P.No.14535 of 2007, dated 2.7.2010, wherein this Court had directed the authorities concerned to refer the matter to the Civil Court, for enhancement of the compensation to be paid to the land owners, under Section 18 of the Land Acquisition Act, 1894. 5. Per contra, the learned counsel appearing on behalf of the respondents had submitted that the writ petition has been filed, belatedly, praying for a direction to make a reference, under Section 18 of the Land Acquisition Act, 1894, to the concerned Civil Court, for enhancement of the compensation, in respect of the acquired lands said to have belonged to the petitioner. 6. As per Section 18 of the Land Acquisition Act, 1894, the land owner, from whom the lands in question had been acquired should make an application stating whether he was present or represented before the District Collector concerned at the time when the award had been made, within six weeks from the date of the award and in other cases within six weeks of the receipt of the notice of the Collector concerned, under Section 12 sub Section (2), or within six months from the date of the Collector’s award, whichever period shall first expire. However, in the present case the award had been passed by the second respondent, on 7.10.1991 and the petitioner had filed the present writ petition before this Court, on 27.2.2006, long after the expiry of the period of limitation. 7. The learned counsel had also submitted that only one of the legal heirs of the erstwhile owner of the land had come before this Court, by way of the present writ petition, and the other legal heirs https://hcservices.ecourts.gov.in/hcservices/ had not been made as parties in the present writ petition, even though they are necessary parties, for a proper adjudication of the matter. 8. The learned counsel appearing on behalf of the respondents had placed before this Court the order made by a Full Bench of this Court, in W.A.No.2899 of 2001, dated 24.7.2007, holding that, for making a reference, under Section 18 of the Land Acquisition Act, 1894, a written application, after the award is passed, is mandatory and such an application is required to be made, within the period of limitation prescribed in the said section. She had also relied on the decision of this Court, made in W.P.No.9491 of 2004, dated 3.11.2008, to state that when the land owner had participated in the award enquiry it is not to open to him or his legal representatives to claim that they had no knowledge of the limitation prescribed, under Section 18 of the Land Acquisition Act, 1894. 9. In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, and on a perusal of the records available, this Court does not find sufficient cause or reason to grant the reliefs prayed for by the petitioner, in the present writ petition. The writ petition has been filed by the petitioner, belatedly, without properly explaining the delay, contrary to the provisions of Section 18 of the Land Acquisition Act, 1894. It is also noted that the petitioner, who is said to be one of the legal heirs of the erstwhile owners of the lands in question, had not chosen to implead the other legal heirs, who are necessary parties to the present writ petition. As such, the writ petition is devoid of merits. Hence, it is dismissed. No costs. csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The District Collector, Dharmapuri District, Dharmapuri. https://hcservices.ecourts.gov.in/hcservices/ 2. The Special Tahsildar, Land Acquisition Officer, Hosur-Kelavarapalli Reservoir Project, Hosur, Dharmapuri District. + 1 cc to Government Pleader, SR No.29158 Order in Writ Petition No.11932 of 2006 KSJ(CO) SR/9.5.2011 https://hcservices.ecourts.gov.in/hcservices/