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Madras High CourtWP/3692/2022disposed of

S.Sakthivel v. The Collector

2022-02-24Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.3692 of 2022 S.Sakthivel ... Petitioner Vs.

1.The Collector, Cuddalore - 607 001.

2.The Special District Revenue Officer (LA), National Highways 45, Cuddalore - 607 001.

3.The Special Tahsildar (LA), National Highways 45A, Phase I, Cuddalore, No.64, 3rd Cross Street, Seetharam Nagar, Cuddalore - 607 001.

4.The Special Tahsildar (LA), National Highways 45A, Kurinjipadi at Cuddalore.

5.Ashok Kumar 6.Lokesh Kumar 7.Ravikumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 to 4 to deposit compensation amount regarding 12 cents in Survey Nos. 181/2 Hec.0.00.44, 181/3 Hec.0.03.29, 181/4 Hec.0.02.00, 182/1 Hec.0.10.00 in Sonaganchavadi, hamlet of Semmankuppam, Poondiankuppam Post, Cuddalore Taluk, Cuddalore District to the Special Court for Land Acquisition cases at Cuddalore by way of reference after disbursing the compensation payable for the remaining extents to the petitioner.

For petitioner : Mr.D.Baskar For Respondents : Mr.C.Kathiravan Special Government Pleader

ORDER

The petitioner has filed this petition to direct the respondents 1 to 4 to deposit compensation amount regarding 12 cents in Survey Nos. 181/2 Hec.0.00.44, 181/3 Hec.0.03.29, 181/4 Hec.0.02.00, 182/1 Hec.0.10.00 in Sonaganchavadi, hamlet of Semmankuppam, Poondiankuppam Post, Cuddalore Taluk, Cuddalore District to the Special Court for Land Acquisition cases at Cuddalore by way of reference after disbursing the compensation payable for the remaining extents to the petitioner.

2. Mr.C.Kathiravan, learned Special Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed against the respondents 5 to 7, notice to the respondents is dispensed with.

4. The case of the petitioner is that the petitioner is the owner of the property in new S.Nos.181/2 Hec.0.00.44, 181/3 Hec.0.03.29, 181/4 Hec.0.02.00, 182/1 Hec.0.10.00 in Semmankuppam Village, Cuddalore Taluk, Cuddalore District measuring 12 cents. The petitioner's land was acquired by the respondents for the purpose of expansion of National Highways 45A. However, the compensation amount was not paid to the petitioner. Further, the petitioner made a representation to the second and third respondents on 26.10.2021, 12.01.2022 respectively for the purpose of compensation amount. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence the present Writ Petition has been filed by the petitioner with the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the representation of the petitioner dated 26.10.2021 and 12.01.2022 within the time frame that may be fixed by this Court.

6. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated

26.10.2021 and 12.01.2022 will be considered by the respondents within the time frame that may be fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 26.10.2021 and 12.01.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar tri/nhs To 1.The Collector, Cuddalore - 607 001.

2.The Special District Revenue Officer (LA), National Highways 45, Cuddalore - 607 001.

3.The Special Tahsildar (LA), National Highways 45A, Phase I, Cuddalore, No.64, 3rd Cross Street, Seetharam Nagar, Cuddalore - 607 001.

4.The Special Tahsildar (LA), National Highways 45A, Kurinjipadi at Cuddalore.

+1cc to Government Pleader, SR.No.13055 W.P.No.3692 of 2022 MG(CO) GN(17/03/2022)