← Library
Madras High CourtWP/5319/2024disposed of

K.Sellappan, v. The Special District Revenue Officer,

2024-03-01Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 5319 of 2024 K.Sellappan ... Petitioner versus 1.The Special District Revenue Officer, Land Acquisition, Tamil Nadu Road Development Project -II, 2nd Floor, Block II, Thiru.Vi.Ka.Industrial Centre, Nagireddy Thottam, Guindy, Chennai - 600 032.

2.The District Revenue Officer, Namakkal.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to determine and to pay the compensation to the petitioner pertaining to the petitioner's land and the commercial building situated in Lathuvadi Village, Namakkal Taluk and District comprised in Old S.No. 249/2, New S.No.607/1, measuring an extent of 169 Sq.ft, bearing Door No. 8/16, Mohanur Road, acquired by the respondents for the purpose of forming Bye-Pass road to Namakkal Town, Pg.Nos.1/5

under the Tamil Nadu Highways Act, 2001, by considering the petitioner's representation dated 20.04.2023, within a time frame as fixed by this Court. For Petitioner :

Mr.S.Senthil For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to determine and to pay the compensation to the petitioner's land and the commercial building situated in Lathuvadi Village, Namakkal Taluk and District, comprised in Old S.No. 249/2, New S.No.607/1, measuring an extent of 169 Sq.ft, bearing Door No. 8/16, Mohanur Road, which was acquired by the respondents for the purpose of forming Bye-Pass road to Namakkal Town, under the Tamil Nadu Highways Act, 2001, by considering the petitioner's representation Pg.Nos.2/5

dated 20.04.2023.

3. The main grievance of the petitioner is that even though a representation has been given on 20.04.2023, till date, the first respondent has not taken any action on the said representation.

4. Heard both sides and perused the materials available on record.

5. Since this writ petition is filed for Mandamus simpliciter, to direct the first respondent to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the representation of the petitioner dated 20.04.2023, after issuing notice to the petitioner as well as rival claimants/interested parties/objectors/aggrieved parties if any, as the case may be, after conducting enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Pg.Nos.3/5

Land Administration.

6. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs.

01.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The Special District Revenue Officer, Land Acquisition, Tamil Nadu Road Development Project -II, 2nd Floor, Block II, Thiru.Vi.Ka.Industrial Centre, Nagireddy Thottam, Guindy, Chennai - 600 032.

2.The District Revenue Officer, Namakkal.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 01.03.2024 Pg.Nos.5/5