G.Kotteeswari v. The Project Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P. No.5410 of 2019 G.Kotteeswari .. Petitioner Vs.

1.The Project Director, National Highways Authority of India, Guindy, Chennai - 600 032.

2.The District Revenue Officer (L.A.), National Highways Scheme -5, (Chennai - Vijayawada Scheme), Collectorate Campus, Kancheepuram - 631 501.

3.The Special Tahsildar (L.A.), National Highways Scheme - 5, (Chennai - Vijayawada Scheme), Taluk Office, Poonamallee, Chennai.

.. Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue WRIT OF MANDAMUS, to consider the petitioner's representation dated 20.12.2018 and disburse the compensation of the acquired land situated in Jaganathapuram Village bearing Survey No.76/4A1A2.

For petitioner : Mr.S.Gowshiksundar For R1 : Mr.S.R.Sumathy For R2 & R3 : Mr..C.Thirumaran, Special Government Pleader

O R D E R

The petitioner has filed the Writ Petition praying to issue a WRIT OF MANDAMUS, directing the respondents to consider the petitioner's representation dated 20.12.2018 and disburse the compensation of the acquired land situated in Jaganathapuram Village bearing Survey No.76/4A1A2.

2.By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.According to the learned counsel for the petitioner that originally the property situated at Jayanthapuram Village, Ponneri Taluk, Tiruvallur District comprised in Survey No.76/4A1A2 to an extent of 0.7.50 ares actually belongs to the petitioner's son viz., Rajasekar and the said land was acquired by the respondents' Department for the purpose of widening of National Highway Road. As per the revenue records award was passed in the name of the petitioner's son Rajasekar and the petitioner's son was died on 12.03.2011. The petitioner is the only legal heir of the said Rajasekar and she is entitled to receive the compensation award passed by the respondents and the legal heirship certificate is also filed along with this writ petition.

4.The learned Special Government Pleader would submit that the said representation dated 20.12.2018 would be considered after providing opportunities to all the parties concerned. 5.Without expressing any opinion on merits, this Court is inclined to direct the second respondent to consider the representation submitted by the petitioner on 20.12.2018, on merits and in accordance with law, after providing opportunities to the aggrieved persons, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order.

6.Accordingly, the writ petition is disposed of with the above direction. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

ah To 1.The Project Director, National Highways Authority of India, Guindy, Chennai - 600 032.

2.The District Revenue Officer (L.A.), National Highways Scheme -5, (Chennai - Vijayawada Scheme), Collectorate Campus, Kancheepuram - 631 501.

3.The Special Tahsildar (L.A.), National Highways Scheme - 5, (Chennai - Vijayawada Scheme), Taluk Office, Poonamallee, Chennai.

+1 cc to Mr.S.R.sumathy, Advocate Sr.No.17709 +1 cc to Mr.S.Gowshik Sundar, Advocate Sr.No.17498 +1 cc to The Government Pleader, Sr.No.18269 W.P. No.5410 of 2019 BS(CO) CSL/27.03.2019