V.S.Kumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M. DHANDAPANI V.S. Kumar ... Petitioner

Versus

1.The District Collector Chairman Local Planning Authority Cuddalore District Cuddalore.

2.The Special District Revenue Officer/ Competent Authority Land Acquisition National Highways-45A Cuddalore.

3.The Special Tahsildar Land Acquisition National Highways-45A Cuddalore.

... Respondents 1/4

Prayer:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to disburse the compensation amount for land acquisition in Re-Survey No. 49/1 for the extent of land 488 sqms., at Villianoor Village, Bhuvanagiri Taluk, Cuddalore District, based on the Award passed by the 2nd respondent vide in Na.Ka.Tey.Ne.45A/LA/A1/09/2016, dated 15.10.2018 and clarification report of 3rd respondent vide Na.Ka.Tey.Ne. 45A/LA/A1/13/2015, dated 03.03.2022.

For Petitioner : Mr. Raja Karthikeyan For Respondents : Mr.P. Sathish Additional Government Pleader ---

O R D E R

This writ petition is filed for the issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 05.03.2022.

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2. The case of the petitioner is that the petitioner is the owner of the property in Re-Survey No. 49/1 measuring to an extent of 488 sqms at Villianoor Village, Bhuvanagiri Taluk, Cuddalore District, was acquired by the respondents herein for the formation of four line VillupuramPondicherry-Cuddalore-Nagapattinam-No.45A National Highways.

Subsequently, the petitioner has filed a suit in O.S.No. 34 of 2013 before the District Munsif Court, Parankipet, for permanent injunction against the Revenue Authorities and the same was decreed in favour of the petitioner. After scrutinizing all relevant documents, the 2nd respondent passed an Award in Na.Ka.Tey.Ne.45A/LA/A1/13/2016, dated 15.10.2018 and clarification report of 3rd respondent vide in Na.Ka.Tey.Ne. 45A/LA/A1/13/2015, dated 03.03.2022. Thereafter, the petitioner sent several representations before the 2nd respondent to disburse his compensation amount as per the award passed by the second respondent, dated 15.10.2018, but the respondents have not taken any steps in this regard. Hence, the petitioner has come forward with the present writ petition.

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3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 2nd respondent to consider the petitioner's representation dated 05.03.2022 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation, the Writ Petition is disposed of, with a direction to the 2nd respondent to consider the petitioner's representation dated 05.03.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

30.06.2022 msm Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/4

To 1.The District Collector Chairman Local Planning Authority Cuddalore District Cuddalore.

2.The Special District Revenue Officer/ Competent Authority Land Acquisition National Highways-45A Cuddalore.

3.The Special Tahsildar Land Acquisition National Highways-45A Cuddalore.

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M.DHANDAPANI,J.

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