Muthu v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 6313 OF 2025

1. MUTHU S/o.Adhi Gramani, Mugaiyur Thoppu, Mugaiyur Post, Cheyyur Taluk, Petitioner(s) Vs

1. Union Of India Rep. By Its Secretary, Ministry Of Road Transport And Highways, New Delhi.

2.The District Collector Kancheepuram District, Kancheepuram.

3.The Competent Authority and Special District Revenue Officer (la) National Highways, Mamallapuram Puducherry Corridor Varadharajan Street, Vedachalam Nagar,

4.The Special Tahsildar Mamallapuram Puducherry Corridor Varadharajan street, Vedachalam Nagar, 5.The Regional Officer National Highways Authority Of India, P.I.U Chennai, Sri Tower, 3 rd Floor, Developed Plots 34, Industrial Estate, Guindy, Chennai-32.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the respondents 2 nd to 4 th to survey and measure the extent of land situated in S.No.329/6A1, No.121, Mugaiyur village, Cheyyur Taluk, Kancheepuram District in accordance with the notification of the 1st respondent vide section 3D (1) of the National Highways Act, 1956 as amended by National Highways Laws Amendment Act, 1997 made in S.O.761(E) dated 05.02.2019 and pay the compensation to the petitioner's land to an extent of 2 1/2 cents to the petitioner.

For Petitioner(s):

M.Raja Sekhar For Respondent(s):

M/s.S.R.Sumathy Standing counsel For R1 And R5 Mr.P.Sathish Agp Takes Notice For R2 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents 2 to 4 to survey the subject property and to pay the compensation to the petitioner with respect to an extent of 2 1⁄2 cents. 2.

When the writ petition came up for hearing on 24.02.2025, this Court passed the following order :- Mrs.S.R.Sumathy, learned Standing Counsel, takes notice for respondents 1 and 5.

2. Mr.P.Sathish, learned Additional Government Pleader, takes notice for respondents 2 to 4.

3. The grievance expressed by the petitioner is that a total extent of 71⁄2 cents was acquired, whereas, the compensation was paid only for 51⁄2 cents and the same has been put to challenge before the District Collector and it is pending. In the balance extent, drainage has been laid by the Highways Department and the property has also been used for extension of ECR road. Hence, the present writ petition confines itself to the non-payment of compensation for the balance extent.

4. Learned Standing Counsel appearing on behalf of respondents 1 and 5 seeks for some time to take written instructions in this regard. Post this writ petition under the caption 'for orders' on 17.03.2025. 3.

The learned Additional Government Pleader based on the written instructions received from the 4 th respondent submitted that the compensation for the balance extent will be determined and paid to the petitioner.

4.

In the light of the above development, there shall be a direction to the 4 th respondent to determine the compensation for the balance extent and pay the same to the petitioner within a period of six weeks from the date of receipt of a copy of this order. It goes without saying that if the petitioner is not satisfied with the quantum of compensation awarded, it is always left open to the petitioner to work out his remedy in line with the provisions of the Act 30 of 2013.

5.

This writ petition is disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 09-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Union Of India Rep. By Its Secretary, Ministry Of Road Transport And Highways, New Delhi.

2.The District Collector Kancheepuram District, Kancheepuram.

3.The Competent Authority And Special District Revenue Officer (la) National Highways, Mamallapuram Puducherry Corridor Varadharajan Street, Vedachalam Nagar, 4.The Special Tahsildar Mamallapuram Puducherry Corridor Varadharajanstree, T Vedachalam Nagar, Chengalpattu.

5.The Regional Officer National Highways Authority Of India, P.I.U Chennai Sri Tower 3rd Floor, Developed Plots 34 Industrial Estate, Guindy, Chennai-32.

N.ANAND VENKATESH J.

rka WMP NO. 6313 OF 2025 09-04-2025