V.Jayaraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.17325 of 2015 V.Jayaraman ... Petitioner Vs.

1. The District Collector, Thiruvallur District, Thiruvallur,

2. The Special Deputy Collector (LA), Tamilnadu Urban Development Project - III, Poonamallee, Chennai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondents to dispose of the representations sent by the petitioner dated 28.4.2015 within stipulated period.

For Petitioner : Mr.R.Margabandhu For Respondents : Mrs.P.Rajalakshmi,Govt.Advocate

ORDER

By consent of the learned counsel appearing on either side, the writ petition is taken up for disposal at the admission stage itself.

2. The petitioner claims that he is the owner of the land in old S.No.23(P)1094/1A3(P) 23 NEw Sub Division 23/2 measuring 0054 Sq.mt and the said land was acquired under the T.N.High Ways Act, 2001 for the purpose of acquisition for the extension of over bridge in Ward D Block 115, G.N.T.Road, Moolakadai at Madhavaram. The 2nd respondent after acquisition has determined the compensation of the land at Rs.9,02,859/- in award proceedings No.6/2012 dated 25.5.2012 and on the request of the petitioner, a cheque of Rs.8,12,573/- was issued in favour of the petitioner's son by name Sugumaran towards compensation. Later on, the petitioner was advised that he can claim higher compensation and since he was not aware of the period of limitation for making representation, there was some delay in making claim in this regard. The petitioner has submitted a representation dated 23.3.2015 followed by reminder dated 28.4.2015 praying for condonation of delay in making claim with a further request to make https://hcservices.ecourts.gov.in/hcservices/

a reference under Section 20 of the Tamil Nadu High Ways Act and since he has not been favoured with any response, he came forward with the writ petition.

3. Heard the submissions of the learned counsel appearing for the petitioner and Mrs.P.Rajalakshmi, Government Advocate, who accepts notice for respondents.

4. This Court, taking into consideration of the limited scope of the relief sought for by the petitioner, without going into the merits of the representations made by the petitioner, directs the 1st respondent to consider and dispose of the petitioner's representations dated 23.3.2015 and 28.4.2015 in accordance with law within a period of four weeks from the date of receipt of copy of this order and also communicate the decision taken, to the petitioner.

The writ petition is disposed of accordingly. However, there is no order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar usk To

1. The District Collector, Thiruvallur District, Thiruvallur,

2. The Special Deputy Collector (LA), Tamilnadu Urban Development Project - III, Poonamallee, Chennai.

+ 1 cc to M/s.R.Margabandhu, Advocate SR 30428 + 1 cc to the Govt.Pleader, High Court, Madraas SR 30070 gp(co) prk26/6 W.P.No.17325 of 2015 https://hcservices.ecourts.gov.in/hcservices/