MAHADEVAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus , directing the 1st respondent to pay the compensation to the petitioners as determined by the Subordinate Judge, Krishnagiri in L.A.O.P. Nos. 212/1992, 213/1992 and 216 of 1992, dated 31.3.1994 to the petitioners for the acquisition of the lands in S.Nos.413/2 measuring an extent of 0.12.00 hectares at Mookandapalli Village, Hosur Taluk.

(2.) The only contention raised in the present Writ Petition is that the petitioners have given their application under section 28(A) of the Land Acquisition Act, within three months from the date of the order passed in L.A.O.P. Nos. 212/1992, 213/1992 and 216 of 1992, dated 31.3.1994 and therefore, they are entitled to get enhanced compensation as awarded to the other land owners.

(3.) However, Mr. M. Elumalai, learned Additional Government Pleader, appearing for the respondents submitted that the petitioners have given their application under section 28(A) of the Land Acquisition Act only on 12.01.1998, which is beyond the period of limitation. In support of his case, the learned Additional Government Pleader also submitted that he is having the original of the application dated 12.01.1998 and to that effect the respondents also filed the counter stating that the application was given on 12.01.1998. However, in support of his contention, the petitioner has not produced a single document to establish that the application was given within three months from the date of the order.