Venkatesappa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.8140 of 2023 Venkatesappa .... Petitioner -Vs1.The District Collector Krishnagiri-635115.

2.The District Revenue Officer National Highway (No.7) Ex.Military Office Complex Salem Road, K.A.K.C.Petrol Bunk Opposite Krishnagiri-635001.

3.The Tahsildar National Highway (No.7 & 46) Six Ways Road Unit-2 Krishnagiri District.

4.M/s.Imperial Granities Pvt.Ltd., Rep.by its Chief Executive R.Durairaj S/o.Rangasamy Gounder No.59, Cathedral Road Chennai-600086.

.. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to award the petitioner the compensation for the acquisition of his property comprised in 1 / 6

S.No.300/1A to an extent of 7 cents situated at Nallakana Kothapalli Village, Shoolagiri Taluk, Krishnagiri District by considering the representation dated 22.12.2022 within the stipulated time as fixed by this Court.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents :

Mr.P.Sathish Additional Government Pleader for R1 to R3 No appearance for R4

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing respondents 1 to 3 to consider the representation made by the petitioner on 22.12.2022, wherein the petition is seeking for payment of compensation in the subject property that was acquired under the National Highways Act. 2.When the matter came up for hearing on 05.03.2025, this Court passed the following order:

This writ petition has been filed for a direction to the respondents 1 to 3 to award compensation to the petitioner based on the representation made by the petitioner on 22.12.2022.

2.The counter filed by the 2 nd respondent at paragraph No.4 states that the representation made by the 2 / 6

petitioner will be enquired by the 2 nd respondent and necessary orders will be passed within a period of three months. However, at paragraph No.6 of the counter affidavit, a stand has been taken that the subject property in Survey No.300/1A was not acquired and that the petitioner has erroneously mentioned the subject property as Survey No.300/1A instead of Survey No.300/1B.

3.The stand taken by the 2 nd respondent at paragraph Nos.4 & 6 of the counter affidavit are mutually contradictory. Hence, the learned Additional Government Pleader shall take instructions from the official respondents and report before this Court on the stage of the enquiry on the representation made by the petitioner seeking for compensation.

4.Post this case under the caption 'for orders' on 19.03.2025 3.When the matter was taken up for hearing today, the learned Additional Government Pleader produced the written instructions received from the 2nd respondent. On going through the same, it is seen that the 2nd respondent is going to conduct the enquiry on the representation made by the petitioner on 04.04.2025 and the petitioner has been directed to be present for the enquiry along with all the relevant documents. A separate notice was issued dated 26.03.2025 in this regard to the petitioner.

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4.In the light of the above development, it will suffice if a direction is issued to the 2nd respondent to conduct the enquiry after affording opportunity to the petitioner and pass final orders within a period of six weeks from the date of receipt of copy of the order.

5.This writ petition is disposed of with the above directions. No costs. 26.03.2025 Index : Yes/No NCS : Yes/No KP 4 / 6

To 1.The District Collector Krishnagiri-635115.

2.The District Revenue Officer National Highway (No.7) Ex.Military Office Complex Salem Road, K.A.K.C.Petrol Bunk Opposite Krishnagiri-635001.

3.The Tahsildar National Highway (No.7 & 46) Six Ways Road Unit-2 Krishnagiri District.

4.M/s.Imperial Granities Pvt.Ltd., Rep.by its Chief Executive R.Durairaj S/o.Rangasamy Gounder No.59, Cathedral Road Chennai-600086.

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N.ANAND VENKATESH, J.

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