P.K.Shanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA P.K.Shanmugam
...Petitioner
Vs 1.The District Collector State Bank Rd, Gopalapuram, Coimbatore - 641 018.
2.The Special Tasildhar, Land Acquisition and Management, Huzur Road, Opp. Court, Gopalapuram, Coimbatore - 641 018.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Mandamus, directing the 1st and 2nd respondents to consider petitioner's representation dated 06.10.2024 and consequently direct the respondents to pay fair compensation for the land acquisition proceedings for construction of Western Ring Road Project, Coimbatore in S.No.1037/1A, measuring 9 cents situated in Madukkarai Village, Coimbatore district.
For Petitioner : M/s.D.Selvam For Respondents : Mr.P.Sathish Additional Government Pleader (For R1 & R2 )
ORDER
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The petitioner seeks a mandamus to the respondents to consider and pass orders on the petitioner's representation dated 06.10.2024 and consequently direct the respondents to pay fair compensation for the land acquisition proceedings for construction of Western Ring Road Project, Coimbatore in S.No.1037/1A, measuring 9 cents situated in Madukkarai Village, Coimbatore district.
2.It is the case of the petitioner that property in S.No.1037/1A measuring 9 cents situate at Madukkarai Village, Coimbatore, belongs to him was taken by the 2nd respondent for construction of Western Ring Road Project. The said acquisition was made under Section 15 (2) of Tamil Nadu Highway Act, 2001 and newspaper publication was also made to that effect on 07.01.2020. It is the further contention of the petitioner that the respondents neither informed nor called him for an enquiry. Thereafter, petitioner made a representation dated 06.10.2024 to the respondents requesting them to pay fair compensation based on market value of the said property. Till date no action has been taken on his representation. Aggrieved by the same, petitioner is before this Court. 3.Heard the learned counsels on either side.
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4.Considering the limited request of the petitioner a mandamus is issued to the respondents to consider the petitioner's representation dated 06.10.2024 and pass orders within a period of four months from the date of receipt of copy of this order after affording an opportunity of personal hearing to the petitioner. In case of rejection, a speaking order has to be passed.
5.The Writ Petition is allowed with the above directions. No costs. 21.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, 3/4
ep To 1.The District Collector State Bank Rd, Gopalapuram, Coimbatore - 641 018.
2.The Special Tasildhar, Land Acquisition and Management, Huzur Road, Opp. Court, Gopalapuram, Coimbatore - 641 018.
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