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Madras High CourtWP/10698/2019closed

C.N.Sivaprakasam v. Union Of India,

2021-07-16Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.10698 of 2019

1. C.N. Sivaprakasam S/o. Natarajan

2. S.Gururaj, S/o.C.N.Sivaprakasam ... Petitioners Vs.

1. Union of India, rep. by its Secretary, Ministry of National Highways Authority of India, G5 & 6, Sector - 10, Dwaraka, New Delhi - 110 075.

2. The Director, National Highways Authority of India, No.54, First Floor, Natarajapuram North Colony, Medical College Road, Thanjavur - 613 004.

3. The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highway - 45 C, Villupuram.

4. Special Tahsildar, Land Acquisition, National Highways - 45C, Kattumannarkoil, Bhuvanagiri Tk, Sethiyathope - 608 702.

Cuddalore District ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct

the 3rd respondent to dispose of the petitioner's representation dated 26.12.2018.

For Petitioner : Mr.N.Lakshmanan For Respondent : Mr.Yogesh Kannadasan, Government Advocate for R2 to R4

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the 3rd respondent to dispose of the petitioner's representation dated 26.12.2018 regarding payment of compensation.

2. The grievance of the petitioner is that, the petitioner's land sought to be acquired, wherein he is running a school, and he sought for compensation for the land and superstructure. But, so far, the compensation was not paid to him. Hence, he has made a representation to the authorities, that was not considered. Therefore, the present Writ Petition has been filed by the petitioner.

3. Today, when the matter taken up for hearing, Mr.Yogesh Kannadasan, learned Government Advocate appearing for respondents 2 to 4, on instructions, would submit that, already the award has been passed by the acquisition officer. Since there is a dispute between brothers regarding apportionment, the award has been deposited before the Principal District Court, Cuddalore.

4. Considering the facts and circumstances, as the award has been already passed and the amount has been deposited before the Principal District Court, Cuddalore on 13.07.2021, the petitioner is directed to approach the civil court to get the compensation. Accordingly, this Writ Petition stands closed. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rpp

To

1. Secretary, Union of India, Ministry of National Highways Authority of India, G5 & 6, Sector - 10, Dwaraka, New Delhi - 110 075.

2. The Director, National Highways Authority of India, No.54, First Floor, Natarajapuram North Colony, Medical College Road, Thanjavur - 613 004.

3. The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highway - 45 C, Villupuram.

4. Special Tahsildar, Land Acquisition, National Highways - 45C, Kattumannarkoil, Bhuvanagiri Tk, Sethiyathope - 608 702.

5. The Principal District Judge Cuddalore W.P.No.10698 of 2019 AK(CO) CT(24/08/2021)