K R SHANMUGAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Prayer in these two writ petitions is to issue Writ of Mandamus to the respondents to make reference under Section 18 of the Land Acquisition Act. W.P.No.2436 of 2003 relates to Award No.2/94 dated 10.6.1994 relating to Old S.No.762/2-A (Part), Erode Village and W.P.No.2437 of 2003 relates to Award No.1/95 dated 22.5.1995 relating to Old S.Nos.752/3, 752/4-A3 (Part), Erode Village.

(2.) In both the cases land had been acquired under the very same notification for the implementation of Muthampalayam Neighbourhood Scheme at Erode. In both the cases, it is alleged that after the award enquiry was over, the respondents have not communicated any notice to the petitioner, but he had made representation to the respondents requesting them to refer the matter to the Civil Court as per Section 18(1) of the Land Acquisition Act (hereinafter referred to as “the Act”) and they have not passed any orders regarding the same. On the other hand, a reference under Section 30 had been made and the petitioner had made representation to the Civil Court at that stage. It has been further indicated that in respect of adjacent lands belonging to other persons matter has been referred to under Section 18(1) of the Act.

(3.) Learned counsel appearing for the State has submitted that no reference under Section 18 can be made in the absence of written application to that effect.