Madras High CourtWP/2526/2022disposed of

T.Mallikeswari v. The Director,

2022-02-16Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Mallikeswari ... Petitioner Vs.

1. The Director, National Highway Authority of India, No.DP 34 Sri Towers, South Phase, 3rd Floor, Guindy, Chennai.

2. The District Collector, Chengalput District.

3. The District Collector, Kancheepuram District.

4. The District Special Revenue Officer (LA), Chengalput District.

5. The District Special Revenue Officer (LA), Kancheepuram District.

6. The Tahsildar, Alandur, Chennai.

... Respondents PRAYER: The Writ Petition filed under Section 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other order in the nature of a writ directing the first respondent to pass suitable order based on the representation made by the petitioner dated 01.12.2021.

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For Petitioner : Mr.D.Charles Muthu Shanthan For Respondents : Mr.Muthusamy Government Advocate

O R D E R

Writ Petition has been filed to direct the first respondent to pass suitable order based on the representation made by the petitioner dated 01.12.2021.

2. Since no adverse orders are passed against the respondents, notice to them is not necessary and this Writ Petition is disposed of based on the available materials.

3. The case of the petitioner is that the petitioner's husband is the owner of the property and the land was taken by the first respondent for public utility purpose for laying Tambaram, Irumbuliyur to Koyambedu Bye pass road in the year 1991 and in that regard, the respondents did not serve any mandatory notice as required under the National Highways Act and without following the due procedures, the land had been acquired forcefully and formed the road. Thereafter, the petitioner made a written representation on 01.12.2021 before the first respondent. However, till date no steps have been taken by the 2/4

first respondent. Hence, the present writ petition is filed. 4.Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 01.12.2021 and pass orders on the same within a particular time frame fixed by this Court. 5.The learned Government Advocate has no objection for said order being passed.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 1st respondent to consider the petitioner's representation dated 01.12.2021 on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs.

16.02.2022 rgi/sk Speaking Order/Non Speaking Order Index: Yes/No Internet: Yes/No M.DHANDAPANI,J.

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