M/S.Amsak Cranes Pvt Ltd v. The Competent Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024 CORAM :
THE HONOURABLE MR. JUSTICE P.VELMURUGAN M/s.Amsak Cranes Private Limited, Represented by its Managing Director, S.Arumugam, No.103, Bheemanthangal, National Highways (NH-4), Sriperumbudur, Chennai - 602 105, Kancheepuram District ... Petitioner
Versus
1.The Competent Authority and Special District Revenue Officer, Kancheepuram District, Chennai.
2.The Project Director, Project Implementation Unit, Kancheepuram, No.716, Govindarajan Street, Tambaram West, Kancheepuram - 600 045 3.The Regional Officer, National Highways Authority of India, Chennai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 2nd Page No.1 of 5
respondent herein to consider the petitioner's representation dated 05.10.2023 in line with the Directive Principles enshrined under Article 39(a) and Article 41 of the Constitution of India, within a stipulated time frame.
For Petitioner :
Mr. B. Kumar, Senior Advocate for Mr. G. Maniprabhu For Respondents :
Mr. R.U. Dinesh Rajkumar (for R1) Additional Government Pleader :
Mr. Su. Srinivasan (for R2 and R3) Standing Counsel for NHAI
O R D E R
Mr. R.U. Dinesh Rajkumar, learned Additional Government Pleader takes notice on behalf of the first respondent. 2.
This writ petition has been filed seeking issuance of a mandamus simplicitor to direct the second respondent to consider the petitioner's representation dated 05.10.2023 in line with the Directive Principles enshrined under Article 39(a) and Article 41 of the Constitution of India, within a stipulated time frame.
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3.
The contention of the petitioner/Company is that their land was acquired by the National Highways Department and only a part of compensation was awarded. While so, the petitioner came to understand that the survey number in which the factory is located is now not being used for widening of the road for National Highways and that the NHAI is looking out for ways to monetize the lands which are now not being used for the reasons for which they were acquired. Hence, the petitioner made a representation dated 05.10.2023 to the first and second respondents, requesting for the said premises to be leased out or rented to the petitioner/Company. Since no action has been taken so far, the petitioner filed the present writ petition for the above said relief. 4.
Since the writ petition is filed for a simple writ of mandamus to consider the representation of the petitioner dated 05.10.2023, this Court without expressing any opinion with regard to the merits of the case, directs the respondents to consider the petitioner's representation dated 05.10.2023 and pass appropriate orders in the manner known to law and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order. Page No.3 of 5
5.
With the above observation and direction, the Writ Petition is disposed of. No costs.
09.01.2024 Index : yes/no Speaking order : yes/no Neutral Case Citation : yes/no klt To:
1.The Competent Authority and Special District Revenue Officer, Kancheepuram District, Chennai.
2.The Project Director, Project Implementation Unit, Kancheepuram, No.716, Govindarajan Street, Tambaram West, Kancheepuram - 600 045 3.The Regional Officer, National Highways Authority of India, Chennai.
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P. VELMURUGAN, J.
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