IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 28.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.6015 of 2011 A.Duraisamy. ... Petitioner vs. The District Collector, Tiruvallur District, Tiruvallur. ... Respondent Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's application dated 28.2.2005 made under Section 28A of the Land Acquisition Act seeking refixation of the compensation awarded to him by Award dated 30.12.1989 in Award No.6/1989, as per the Judgment in L.A.O.P.Nos.21 of 1991 and 22 of 1992 dated 17.6.2004 on the file of the Fast Track Court IV, Poonamallee as confirmed by this Court in A.S.Nos.199 and 200 of 2006 dated 28.7.2010. For Petitioner : Mr.R.Subramanian For Respondent : Mr.S.Shivashanmugam, Government Advocate. O R D E R Writ Petition is filed praying to issue a Writ of Mandamus, directing the respondent to consider the petitioner's application dated 28.2.2005 made under Section 28A of the Land Acquisition Act seeking refixation of the compensation awarded to him by Award dated 30.12.1989 in Award No.6/1989, as per the Judgment in L.A.O.P.Nos.21 of 1991 and 22 of 1992 dated 17.6.2004 on the file of the Fast Track Court IV, Poonamallee as confirmed by this Court in A.S.Nos.199 and 200 of 2006 dated 28.7.2010. 2. Mr.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the respondent. By consent of both parties, the writ petition is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/ 3. Petitioner's land was acquired. Compensation has been paid. Along with petitioner's land, other properties were acquired and the persons from whom lands were acquired, filed L.A.O.P.Nos.21 of 1991 and 22 of 1992 before the Fast Track Court No.IV, Poonamallee. Final orders were passed on 17.6.2004. Based on the orders passed in L.A.O.P.Nos.21 of 1991 and 22 of 1992, petitioner made an application on 28.2.2005 for enhancement of the compensation in accordance with the order passed in L.A.O.P.Nos.21 of 1991 and 22 of 1992 as provided under Section 28A of the Tamil Nadu Land Acquisition Act for refixation of the compensation awarded. Petitioner's counsel also points out that as against the order passed in L.A.O.P.Nos.21 of 1991 and 22 of 1992 appeals were filed in A.S.Nos.199 of 200 of 2006 before this Court. The appeals were finally disposed of on 28.7.2010. These facts have been brought to the attention of the respondent for the purpose of redetermination of compensation in terms of Section 28A of the Tamil Nadu Land Acquisition Act. Since the same has not been considered, the present writ petition has been filed. Petitioner has made a representation dated 23.11.2010 in this regard and that has been duly acknowledged by the competent authority. 4. In view of the factual position as above and the order passed in L.A.O.P.Nos.21 of 1991 and 22 of 1992 on the file of the Fast Track Court No.IV, Poonamallee and A.S.Nos.199 and 200 of 2006 on the file of this Court and the claim of the petitioner for enhancement of compensation as stated in his representation, the respondent authorities is directed to consider the said representation for enhancement of compensation in the light of the proceedings referred to above subject to condition that the petitioner complies with the requirement as provided under Section 28A of the Tamil Nadu Land Acquisition Act. The authority shall dispose of the claim as above at the earliest preferably within a period of twelve weeks from the date of receipt of a copy of this order. 5. The Writ Petition is disposed of as above. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ts https://hcservices.ecourts.gov.in/hcservices/ To 1. The Fast Track Court IV, Poonamallee 2. The District Collector, Tiruvallur District, Tiruvallur 3 ccs to Mr.R. Subramanian, Advocate, Sr. 22112 1 cc to Government Pleader, Sr. 22268 W.P.No.6015 of 2011 NR (VO) kk 7/4 https://hcservices.ecourts.gov.in/hcservices/