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Madras High CourtWP/7335/2020disposed of

P.V.K.Rajamahendran v. National Highways Authorities Of India,

2020-07-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.7335 of 2020 P.V.K.Rajamahendran, Son of Late Mr.P.V.Karuppasamy, No.64/4, AA Block, 2nd Street, Shanthi Colony, Anna Nagar, Chennai - 600 040.

...Petitioner

vs.

1.National Highways Authorities of India, Represented by its Project Director/Chief General Manager, DP - 34, SRI Towers South Phase, 3rd Floor, Industrial Estate, Guindy, Chennai - 600 032.

2.The District Collector, Tiruvallur District, Collectorate, Thiruvallur - 601 001.

3.The Competent Authority and Special District Collector, Kancheepuram and Tiruvallur Districts, Kanchipuram and Tiruvallur Districts, N0.3/4, Lal Bahadur Sastri Street, Periakuppam, Behind Thulasi Theatre, 4.The Competent Authority and Special District Revenue Officer (L.A), Kanchipuram and Tiruvallur Districts, No.3/4, Lal Bahadur Sastri Street, Periapakuppam, Behind Thulasi Theatre, Thiruvallur, Thiruvallur District - 602 001.

...Respondents

1/4

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner representations dated 28.06.2011, 10.04.2013, 18.08.2017, subsequent notices dated 06.07.2016, 18.12.2018, 28.12.2019 and direct the respondents to comply with the direction of this Court in W.P.No.14136 of 2017 dated 07.06.2017 and consequently direct the respondents to refer the case for arbitration for enhancement of compensation.

For Petitioner : Mr.S.Saravanan For Respondents: Mr.Su.Srinivasan for R1 Mr.D.Raja Additional Government Pleader for R2 to R4

O R D E R

This writ petition has been filed for a direction to the respondents to consider the representations made by the petitioner and to refer the case for arbitration to the second respondent since the petitioner is seeking for enhancement of compensation for the lands acquired by the National Highway Authority.

2. It is seen from records that this Court had already passed an order in W.P.No.14136 of 2017, dated 07.06.2017, wherein a direction was issued to the third and fourth respondents to consider the representation made by the petitioner and refer the matter to the District Collector.

3. After the orders were passed by this Court, the third respondent had also sought for certain details from the petitioner and according to the petitioner all the details were furnished to the third and fourth respondents. According to the petitioner by not complying with the earlier order, the third and fourth respondents have committed a contempt. However the petitioner is only interested in pursuing with his remedy for enhancement of compensation. A detailed representation was also sent once again by the petitioner on 28.12.2019. According to the petitioner even this was not considered. Aggrieved by the same the present writ petition has been filed before this Court.

4. This Court has carefully considered the submissions made on either side and the materials available on record. 2/4

5. This Court had passed an earlier order in the year 2017 and that has not been complied with till date according to the petitioner. Taking into consideration the facts and circumstances of the case, the third and fourth respondents are directed to refer the matter to the second respondent within a period of four weeks from the date of receipt of a copy of this order and the second respondent shall thereafter consider the claim made by the petitioner for enhanced compensation within six months.

6. The petitioner is directed to make fresh representation to the third and fourth respondents along with all the relevant documents and a copy of this order.

7. This writ petition is disposed of with the above direction.

Sd/- Assistant Registrar /true copy/ Sub Asst. Registrar rst To:

1.The Project Director/Chief General Manager National Highways Authorities of India, DP - 34, SRI Towers South Phase, 3rd Floor, Industrial Estate, Guindy, Chennai - 600 032.

2.The District Collector, Tiruvallur District, Collectorate, Thiruvallur - 601 001.

3.The Competent Authority and Special District Collector, Kancheepuram and Tiruvallur Districts, Kanchipuram and Tiruvallur Districts, N0.3/4, Lal Bahadur Sastri Street, Periakuppam, Behind Thulasi Theatre, 3/4

4.The Competent Authority and Special District Revenue Officer (L.A), Kanchipuram and Tiruvallur Districts, No.3/4, Lal Bahadur Sastri Street, Periapakuppam, Behind Thulasi Theatre, W.P No.7335 of 2020 kk(co) aa09/09/2020 4/4