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Madras High CourtWP/13206/2022disposed of

R.Selvadurai v. District Revenue Officer

2022-06-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI

1. R. Selvadurai ..... Petitioner in W.P.No.13206 of 2022

2. Syed Ali ..... Petitioner in W.P.No.13207 of 2022 Vs.

1. District Revenue Officer, Chennai Outer Ring Road, CMDA, Koyambedu, Chennai-600 092.

2. Special Tahsildar (Land Acquisition), Chennai Outer Ring Road Scheme-I, Poonamallee, Thookanampattu, Chennai-600 056. ..... Respondents in both WPs PRAYER IN BOTH WPs :Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus by directing the Respondents to consider the petitioner's representation dated 17.03.2021 and refer the award proceedings Na.Ka.4/2013/Se.Vae.Va.Sa/Thiruvallur dated 10.08.2020 under Section 20(1) of the Tamil Nadu Highways Act, 1/6

2001.

In both WPs :

For Petitioner : M/s. R. Subramanian For Respondent : Mr. G. Krishna Raja, Additional Government Pleader C O M M O N O R D E R These petitions have been filed seeking a direction to the Respondents herein to consider the representation dated 17.03.2021 and to refer the award proceedings dated 10.08.2020 to the competent Civil Court under Section 20(1) of the Tamil Nadu Highways, 2001. 2.Mr. G. Krishna Raja, learned Additional Government Pleader takes notice for Respondents.

3. It is the case of the petitioners that their father's land along with the adjacent lands was acquired by the Highways Authorities under Tamilnadu Highways Act, (Act 34 of 2022) on 29.04.2014, for which, the petitioners received a compensation amount under Right to Fair 2/6

compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, however, the compensation was received under protest as the same was very meagre. The Respondents ought to have referred the matter to the District Court as per Section 20(1) of Tamilnadu Highways Act, 2001, however, the same was not done by the Authorities. Hence, the petitioners made a representation dated 17.03.2021 with regard to the same before the respondents herein. However, till date, the same has not been considered. Hence, the petitioners have come up with the present petitions.

4. Though very many grounds have been raised, learned counsel for the petitioners submits that it would suffice if this Court issues a direction to the Respondent herein to consider the representation dated 17.03.2021 made by the petitioner, within the time that may be stipulated by this Court.

5. Learned Additional Government Pleader appearing for the respondent submits that the petitioner's representation dated 17.03.2021 will 3/6

be considered and disposed of in accordance with law, within the time that may be stipulated by this Court.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the 1st Respondent/District to consider the representation dated 17.03.2021 made by the petitioners in terms of Section 20 of the Act and dispose of the same in accordance with law, within a period of Six weeks from the date of receipt of a copy of this order.

7. Accordingly, these writ Petitions are disposed of with the aforesaid direction. No costs.

07.06.2022 NHS Index : Yes / No Internet : Yes / No 4/6

To

1. District Revenue Officer, Chennai Outer Ring Road, CMDA, Koyambedu, Chennai-600 092.

2. Special Tahsildar (Land Acquisition), Chennai Outer Ring Road Scheme-I, Poonamallee, Thookanampattu, Chennai-600 056.

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M.DHANDAPANI, J.

NHS 07.06.2022 6/6