K.Susamma v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.7045 of 2022 K.Susamma ... Petitioner Vs.

1. The Government of Tamil Nadu, Rep by its Secretary, Highways and Minor Ports Department, Secretariat, Chennai-600 009.

2. The District Collector, Kanchipuram District, Kanchipuram.

3. The Special Tahsildar, Land Acquisition, Oragadam Industrial Infrastructure Scheme, 43/36, Nehru Street, Sriperumpudur Taluk, Kanchipuram District.

... Respondents Prayer :

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider the representation of the petitioner dated 18.02.2022 and direct them to fix compensation amount with 9% interest for the land acquired in S.Nos. 450/1 and 451/1L4 at Panrotti "B" Village, Sriperumpudur Taluk, Kancheepuram District from the petitioner by passing an award as per Tamil Nadu State Highways Act, 2001.

For Petitioner : M/s.Gupta and Ravi For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a

Writ of Mandamus, to direct the 2nd respondent to consider the representation of the petitioner dated 18.02.2022 and direct them to fix compensation amount with 9% interest for the land acquired in S.Nos. 450/1 and 451/1L4 at Panrotti "B" Village, Sriperumpudur Taluk, Kancheepuram District from the petitioner by passing an award as per Tamil Nadu State Highways Act, 2001.

2. The learned Additional Government Pleader appearing on behalf of the respondents takes notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner has purchased a larger extent of lands bearing S.No. 450/1, measuring 1 Acre and in S.Nos.451/1L4, 451/1L2, 451/1K, 451/1J and 456/1B measuring 92.0 Cents at Panrotti "B" Village, Sriperumpudur Taluk, Kancheepuram District under registered Sale Deeds dated 04.04.1991, bearing Document Nos.1025/1991 and 1026/1991, on the file of the Sub Registrar Office, Wallajabad. The said lands were acquired under the Tamil Nadu Highways Act, 2001 and the petitioner also appeared before the enquiry conducted by the 2nd respondent and fixed the compensation amount. However, till date the petitioner has not received the compensation amount. Thereafter, the petitioner made representation to the 2nd and 3rd respondents, on 18.02.2022, to fix the compensation for acquired lands. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel for the petitioner submitted that it would suffice if this Court issue a direction to the 2nd and 3rd respondents to consider the petitioner's representation dated 18.02.2022, and pass orders within a reasonable time that may be fixed by this Court.

5. The learned Additional Government Pleader appearing on behalf of the respondents submitted that the petitioner's representation dated 18.02.2022, will be considered by the respondents within a reasonable time that may be fixed by this Court.

6. This Court, without going into the merits of the case, directed the 2nd and 3rd respondents to consider the petitioner's representation dated 18.02.2022 , and pass appropriate orders on merits and in accordance with law, after providing an opportunity of hearing to the petitioner and to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Psa To

1. The Secretary, The Government of Tamil Nadu, Highways and Minor Ports Department, Secretariat, Chennai-600 009.

2. The District Collector, Kanchipuram District, Kanchipuram.

3. The Special Tahsildar, Land Acquisition, Oragadam Industrial Infrastructure Scheme, 43/36, Nehru Street, Sriperumpudur Taluk, Kanchipuram District.

+1cc to M/s.Gupta and Ravi, Advocate, S.R.No.20997 +1cc to the Government Pleader, S.R.No.21057 W.P. No.7045 of 2022 RK(CO) CT 11/04/2022