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Madras High CourtWP/6723/2024disposed of

Santhi v. The District Collector

2024-03-15Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 6723 of 2024 Santhi W/o.Palanisamy ... Petitioner versus 1.The District Collector and Arbitrator Dharmapuri District Dharmapuri.

2.The Special District Revenue Officer (LA) National Highways No.844 Dharmapuri.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to dispose the appeal/representation dated 08.02.2024 filed by the petitioner under Section 3G(5) of the National Highways Act, 1956.

For Petitioner :

Mr.N.Ponraj For Respondents :

Mr.T.Arun Kumar Additional Government Pleader Pg.Nos.1/5

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for a writ of mandamus directing the first respondent to dispose of the appeal/representation dated 08.02.2024 filed by the petitioner under Section 3G(5) of the National Highways Act, 1956.

3. The case of the petitioner is that he purchased a land measuring an extent of 1173 sq.mts in New S.F.No.536/1B2A (Old S.F.No.536/1B2) in Karagathahalli Village of Palacode Taluk in Dharmapuri District vide a sale deed dated 04.04.1989 and since then, he is in possession and enjoyment of the said land. Now, the said land has been acquired under the National Highways Act, 1956 for the public purpose. In this regard, the second respondent has passed an award dated 28.09.2021 fixing a meagre sum of Rs.59,49,225/- as compensation to the petitioner. Aggrieved over Pg.Nos.2/5

the said award, the petitioner preferred an appeal before the first respondent on 08.02.2024 seeking for enhancement of compensation. The main grievance of the petitioner is that the first respondent has not considered the appeal so far.

4. Heard both sides and perused the materials available on record.

5. Since this writ petition is filed for Mandamus simpliciter, to direct the first respondent to consider the appeal of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the appeal of the petitioner dated 08.02.2024 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties if any, as the case may be. Such exercise shall be completed within a period of sixty (60) days from the date of receipt of a copy of this order.

Pg.Nos.3/5

6. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs. 15.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector and Arbitrator Dharmapuri District Dharmapuri.

2.The Special District Revenue Officer (LA) National Highways No.844 Dharmapuri.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 15.03.2024 Pg.Nos.5/5