Chandra Vs. The District Registrar(Admn.), Dindigul District and Another

Chandra vs The District Registrar(Admn.), Dindigul District and Another

Type Court Judgment Court Chennai Madurai Decided Aug 16, 2016

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https://sooperkanoon.com/case/1189002

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Citation: sooperkanoon.com/1189002
Court: Chennai Madurai High Court
Judge: M. Venugopal
Decided On: Aug 16, 2016
Case Number: W.P(MD)No. 14979 of 2016
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Chandra

Respondent

The District Registrar(Admn.), Dindigul District and Another

Excerpt

.....rules, 2010, it is for the sub-committee formed under district level to act and follow the guidelines of the state valuation committee for fixing, re-fixing or revising the market value guidelines of a particular property. as such, it is represented on behalf of the petitioner that the respondents should have placed the petitioner's written objections referred to in their representation, dated 22.6.2016 for the perusal of the sub-committee constituted under the rules. 7. considering the fact that the petitioner's representation dated 22.6.2016 is pending before the first respondent/the district registrar(admn.),palani, dindigul district, at this stage, this court, without traversing upon the merits and contentions of the representation of the petitioner, dated, 22.6.2016 simpliciter, directs the first respondent to place the written objections of the petitioner made in the representation, dated 22.6.2016 before the valuation sub-committee formed under rule 3 for taking such further action as it deems it fit and proper based on the facts and circumstance of the case which float on the surface, within a period of three weeks from the date of receipt of a copy of this order. it is open to the petitioner to produce copies of all necessary/relevant documents before the first respondent and the first respondent in turn shall take into consideration of the same at the time of disposal of the representation of the petitioner, dated 22.6.2016. the petitioner is directed to lend her assistance and co-operation to the first respondent, in disposing of her representation dated 22.6.2016 within the time frame specified by this court. 8. with the aforesaid observation(s) and direction(s), the writ petition stands disposed of. no costs.

Full Judgment

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents, particularly, the first respondent to place the written objections of the Petitioner made in the representation dated 22.6.2016 before the Valuation Sub-Committee formed under Rule 3 and further to direct the Valuation Sub-Committee to proceed in accordance with Rule 4 of the Tamil Nadu Stamp(Constitution of Valuation Committee for Estimation, Publication and Revision of Market Value Guidelines of Properties) Rules, 2010 for revising the guideline value of the property in S.No.203/2A3 situated at Manjanaickenpatti Village, Oddanchatram Taluk and further to direct the Valuation Sub-Committee to decide the guideline value by affording sufficient opportunity to the Petitioner to put-forth her case.)

1. Heard both sides.

2. By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of the Respondents.

4. According to the Petitioner, her written objection made in the representation dated 22.6.2016(addressed to the First Respondent) is to be placed before the Valuation Sub-Committee formed under Rule 3 of the Tamil Nadu Stamp(Constitution of Valuation Committee for Estimation, Publication and Revision of Market Value Guidelines of Properties) Rules, 2010, for revising the guideline value of the property in S.No.203/2A3 situated at Manjanaickenpatti Village, Oddanchatram Taluk.

5. The specific case of the Petitioner is that Rule 4(1) gives power to the Valuation Committee to give instructions during the month of October for estimation of market value guidelines of the properties for the next calendar year. Indeed, Rule 4(2) gives power to the Sub-committee to receive objections, if any, by publishing the proposed estimation or revision of the guideline value of a particular property in the local newspapers and on the notice board of the important offices. That apart, Rule 4(2) further provides that the District Registrar shall consider any objections and place it before the Sub-Committee for discussion.

6. The primordial stand taken on behalf of the Petitioner is that as per Tamil Nadu Stamp(Constitution of Valuation Committee for Estimation, Publication and Revision of Market Value Guidelines of Properties) Rules, 2010, it is for the sub-Committee formed under District level to act and follow the guidelines of the State Valuation Committee for fixing, re-fixing or revising the market value guidelines of a particular property. As such, it is represented on behalf of the Petitioner that the Respondents should have placed the Petitioner's written objections referred to in their representation, dated 22.6.2016 for the perusal of the Sub-Committee constituted under the Rules.

7. Considering the fact that the Petitioner's representation dated 22.6.2016 is pending before the First Respondent/The District Registrar(Admn.),Palani, Dindigul District, at this stage, this Court, without traversing upon the merits and contentions of the representation of the Petitioner, dated, 22.6.2016 simpliciter, directs the First Respondent to place the written objections of the Petitioner made in the representation, dated 22.6.2016 before the Valuation Sub-Committee formed under Rule 3 for taking such further action as it deems it fit and proper based on the facts and circumstance of the case which float on the surface, within a period of three weeks from the date of receipt of a copy of this order. It is open to the Petitioner to produce copies of all necessary/relevant documents before the First Respondent and the First Respondent in turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 22.6.2016. The Petitioner is directed to lend her assistance and co-operation to the First Respondent, in disposing of her representation dated 22.6.2016 within the time frame specified by this Court.

8. With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Same Court & Year Chennai Madurai · 2016 Same Parties Chandra vs The District Registrar(Admn.), Dindigul District a... Same Subject Land Acquisition Same Judge M. Venugopal