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Madras High CourtWP/5484/2024disposed of

S.R.S.Saravanan @ S.Saravana Muthu v. The State Of Tamilnadu

2024-03-04Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 and W.M.P. No.6061 of 2024

1. S.R.S.Saravanan @ S.Saravana Muthu

2. K.M.S.Santha Kumar ... Petitioners Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government The Revenue Department Fort St. George Chennai - 600 009

2. The District Collector Chennai District Collectorate "Ma Singaravelar Maligai"

Rajaji Salai Chennai - 600 001

3. The Special District Revenue Officer (Land Acquisition) Highways Department Metropolitan Wing Alandur, Chennai - 600 016 ... Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st and 2nd respondents herein to refer the petitioners claim to the concerned authority for determination of appropriate compensation for acquisition of the petitioners property at East Coast Road, Neelankarai, Chennai-600 115, comprised in Survey No.52/19 part subdivided as 52/19A and 52/19B, measuring an extent of 145 square metres (1560.767 square feet) by fixing a time frame for determination and disposal of the petitioners claim for higher compensation before the Authority Constituted in view of the petitioners Representations dated 05.12.2021, 14.02.2022 and 6.4.2023 respectively in accordance with law.

For Petitioner : Mr.J.Ashok For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Mandamus directing the 1st and 2nd respondents herein to refer the petitioners claim to the concerned authority for determination of appropriate compensation for acquisition of the petitioners' property at East Coast Road, Neelankarai, 2/6

Chennai-600 115, comprised in Survey No.52/19 part subdivided as 52/19A and 52/19B, measuring an extent of 145 square metres (1560.767 square feet) by fixing a time frame for determination and disposal of the petitioners claim for higher compensation before the Authority Constituted in view of the petitioners' representations dated 05.12.2021, 14.02.2022 and 06.04.2023 respectively, in accordance with law.

2. The learned counsel for the petitioners submitted that it would suffice if a direction is issued to the respondents to consider the petitioners' representations dated 05.12.2021, 14.02.2022 and 06.04.2023 within the time as may be fixed by this Court.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to consider the petitioners' representations, this Court without expressing any opinion with regard to the merits of the case, directs the 3/6

respondents 1 and 2 to consider the petitioners' representations dated 05.12.2021, 14.02.2022 and 06.04.2023 and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. The connected Miscellaneous Petition is ordered subject to payment of separate Court fee by each of the Writ Petitioners.

6. There shall be no order as to costs.

04.03.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The Secretary to Government The Revenue Department Fort St. George Chennai - 600 009

2. The District Collector Chennai District Collectorate "Ma Singaravelar Maligai"

Rajaji Salai Chennai - 600 001

3. The Special District Revenue Officer (Land Acquisition) Highways Department Metropolitan Wing Alandur, Chennai - 600 016 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 04.03.2024 6/6