A.Loganathan v. The Competent Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 A.Loganathan ... Petitioner Vs.

1. The Competent Authority & Special District Revenue Officer (L.A) National Highways - 45C Villupuram

2. The Special Tahsildar (L.A.) National Highways, Panruti

3. The Project Director Project Implementation Unit National Highways Authority of India Thanjavur ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to pay the compensation for the lands acquired from the petitioner in S.Nos.540/2B and 540/2C1 as Rs.1,15,41,470/- as was originally fixed by the respondent which was later reduced arbitrarily by the respondents to Rs.56,39,210/-. 1/5

For Petitioner : Mr.V.Balamurugane For R1 & R2 : Mr.T.Arun Kumar Additional Government Pleader For R3 : Mrs.S.R.Sumathy Standing Counsel for NHAI

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to pay the compensation for the lands acquired from the petitioner in S.Nos.540/2B and 540/2C1 as Rs.1,15,41,470/- as was originally fixed by the respondent which was later reduced arbitrarily by the respondents to Rs.56,39,210/-.

2. The respondents have filed counter stating that they have already paid the compensation to the petitioner for the acquired properties and they also produced the details of payment made through RTGS.

3. According to the learned counsel for the petitioner, the petitioner is claiming a sum of Rs.1,15,41,470/- for the above said two survey numbers alone whereas, the respondents have calculated the compensation 2/5

amount for three survey numbers viz., S.Nos.540/2A, 540/2B and 540/2C1.

4. In the affidavit of the petitioner, the petitioner has not stated anything about the payment of compensation, whereas, the counter says otherwise. Further, the details of payment, filed by the respondents shows that the amount was remitted through RTGS in the account of the petitioner itself even prior to filing of this Writ Petition.

5. Under these circumstances, the petitioner is at liberty to work out his remedy in the manner known to law if, there is any balance amount is yet to be paid from the respondents.

6. Accordingly, the writ petition is disposed of. No costs. 01.03.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Competent Authority & Special District Revenue Officer (L.A) National Highways - 45C Villupuram

2. The Special Tahsildar (L.A.) National Highways, Panruti

3. The Project Director Project Implementation Unit National Highways Authority of India Thanjavur 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 01.03.2024 5/5