S.Janakiraman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.4573 of 2021 S.Janakiraman
...Petitioner
-Vs1. The District Collector, District Collectorate Office, Kancheepuram District, Kancheepuram Town and Taluk.
2. The District Revenue Officer, Bangalore - Chennai Express Road,
3. The Special Tahsildar, Bangalore-Chennai Express Road,
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, or any other similar writs as this Hon'ble Court may deem fit and proper, and the land acquired by the State Government of Tamil Nadu, for the purposes of laying Elevated Express High Way Road from Sriperumbudur to Bangalore, each of the legal heir became entitled for 1/7th share in the compensation awarded under Right to Fair compensation and Transparency in Land Acquisition Act, 2013 and directing the respondents to consider petitioner's representations dated 23.11.2020 and 3.12.2020 that he became entitled for 1/7th share in the compensation and to pass orders thereon within a reasonable time to be fixed by this Hon'ble Court and to direct the respondents from paying the compensation amount in favor of Arputham and Chandran by considering representation. For Petitioner : Mr.R.Vivekananthan For R1 to R3 : Mr.D.Raja Additional Government pleader
ORDER
In an Award passed for the acquisition of certain block of land under the provisions of National Highways Act, 1956, the petitioner claims 1/7th right in the property acquired. For this purpose, he claims he has presented representations dated 23.11.2020 and 03.12.2020 before the second respondent. 2.Mr.D.Raja, learned Additional Government pleader takes notice for all the respondents and made a submission on instructions that the Award amount has not yet been disbursed by the Land Acquisition Authority/third respondent and that he would hold an enquiry into the bonafide of the petitioner's right to claim a share and in the eventuality of any dispute as to title, the Authority would deposit the amount in the concerned civil Court.
3.The said statement of the learned Additional Government Pleader is recorded.
4.Now, the Land Acquisition Authority/third respondent is directed to hold an enquiry within a period of four weeks from the date of receipt of a copy of this order, subject to any responsibility that may be assigned to him in connection with the ensuing General Elections to the State Legislative Assembly. In this connection, he is directed not to disburse the Award amoung till he holds an enquiry into the representation of the petitioner.
5.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Tsg To
1. The District Collector, District Collectorate Office, Kancheepuram District, Kancheepuram Town and Taluk.
2. The District Revenue Officer, Bangalore - Chennai Express Road,
3. The Special Tahsildar, Bangalore-Chennai Express Road, +1cc to Mr.R.Vivekananthan, Advocate, S.R.No.12599. +1cc to the Government Pleader, S.R.No.12758. Order made in W.P.No.4573 of 2021 GPL(CO) CSR 24.03.2021