?IN THE HIGH COURT OF JUDICATURE AT MADRAS %DATED: 28/04/2011 *CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR +WP.11791 of 2011 #M.Prasanna Kumar $State of Tamil Nadu !FOR PETITIONER : S.Ratnasabapathy ^FOR RESPONDENT : S.Shiva Shanmugam :ORDER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.04.2011
CORAM
THE HONOURABLE MR. JUSTICE R. SUDHAKAR
W.P.No.11791 OF 2011
and
M.P.Nos.1 to 3 of 2011
1.M.Prasanna Kumar
2.M.Sheela Priyadarshini … Petitioners
..Vs..
1.State of Tamil Nadu
Rep. by its
The Special Commissioner and Commissioner
Land Administration,
Ezhilagam, Chepauk, Chennai-600 005.
2.The District Collector,
Kancheepuram District.
3.The Special Tahsildar(LA) SIPCOT, Irungattukottai Expansion Scheme, Unit -IV, Sriperumpudhur-602 105. ... Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, call for the records of the first respondent relating to the impugned Award No.9/2011 dated 03.03.2011 and to quash the wording “The land owners have given this consent to receive the amount determined without any objection” in the Award No.9/2011 dated 03.03.2011 passed by the second respondent Collector and further direct the second respondent to incorporate the words ” the land owners have given consent to accept the award without prejudice to their right to appeal for enhanced compensation” to enable the petitioners to make a reference under Section 18 of the Land Acquisition Act.
For Petitioners : Mr.S.Ratnasabapathy
For Respondents : Mr.S.Shiva Shanmugam
Government Advocate
ORDER
This writ petition is filed to call for the records of the first respondent relating to the impugned Award No.9/2011 dated 03.03.2011 and to quash the wording “The land owners have given this consent to receive the amount determined without any objection” in the Award No.9/2011 dated 03.03.2011 passed by the second respondent Collector and further direct the second respondent to incorporate the words ” the land owners have given consent to accept the award without prejudice to their right to appeal for enhanced compensation” to enable the petitioners to make a reference under Section 18 of the Land Acquisition Act.
2. The petitioners grievance is that in the Award No.9/2011 dated 03.03.2011 passed by the District Collector, Kancheepuram, it is recorded that the land owners have given their consent to receive the amount determined without any objection. On the contrary, the stand of the petitioners is that they were willing to receive the compensation amount without prejudice to their right to appeal for enhancement of the compensation in accordance with the provisions of the Act. The plea of the petitioners as above is based on their letter dated 24.01.2011. The writ petition has been filed to modify the award as stated above.
3. As rightly pointed out by Mr.S.Shivashanmugam, the learned Government Advocate appearing for the respondents, if it is due to the clerical error, the plea of the petitioners can be considered by the District Collector for correction on application. Accordingly, the petitioners are directed to make a detailed representation to the District Collector viz., the second respondent herein for correction of the error if it is as stated by petitioners. If the recording already made in the award is purely by over sight and the plea of the petitioner is supported by records, the District Collector shall consider the same on merits and in accordance with law and pass appropriate order within a period of four weeks from the date of receipt of a copy of this order either accepting or rejecting the claim. If the claim is rejected, then the reasons for such rejection should be given so that petitioners can seek remedy as per law.
R. SUDHAKAR,J.,
rrg
4. With the above observation, the writ petition is disposed of. No costs. Consequently, connected M.Ps. are closed.
28.04.2011
rrg
Index: yes/No
Internet: Yes/No
To.
1.The Special Commissioner and Commissioner
Land Administration,
Ezhilagam, Chepauk, Chennai-600 005.
2.The District Collector,
Kancheepuram District.
3.The Special Tahsildar(LA)
SIPCOT,
Irungattukottai Expansion
Scheme, Unit -IV,
Sriperumpudhur-602 105.
WP No.11791 of 2011