A.V.Nandagopal v. The Special Officer & District
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2018 CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE W.P.No.9071 of 2004 and WMP.No.10577 of 2004 1.A.V.Nandagopal 2.Malliga 3.Rangaramanujam 4.Banumathy ... Petitioners -VsThe Special Officer & District Revenue Officer, National Highways Collectorate Kancheepuram District.
... Respondent Prayer :- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to pay the compensation amount for the lands acquired from the petitioners pursuant to the proceedings of the respondent in Na.Ka.No.75339/2001 N.H.45 dated 09.6.2003. For Petitioners : Mr.N.Nithiyanandan For Respondent : Mr.A.Zakir Hussain Government Advocate
ORDER
The present petition is filed by a set of four petitioners for a writ of mandamus for directing the respondent to pay the compensation amount payable to them in view of acquisition of their lands.
2. No counter has been filed by the respondent. Mr.A.Zakir Hussain, learned Government Advocate appearing for the respondent submitted that the respondent is ready to pay the compensation amount to the petitioners and he also has circulated a copy of the proceedings dated 08.01.2018, addressed to him by the authority, wherein the respondent had agreed to pay the compensation,
3. This Court perused the materials available on records and it is of the view that the authority is required to consider the delay of fourteen years in this matter for making payments to the petitioners and realise that the lapses on the part of the authorities in making disbursement of the compensation amount as https://hcservices.ecourts.gov.in/hcservices/
provided in law should not deny the petitioners of their rights to get their just compensation.
4. Recording the statement made by the learned Government Advocate and taking into account the proceedings of the respondent dated 08.01.2018, the petitioners are directed to submit their application/representation along with relevant documents within two weeks from the date of receipt of a copy of this order, whereupon, the respondent is hereby directed to pay the compensation amount, as the authority would be liable to pay as per law and also taking into account the fact indicated in paragraph 3 above, within six weeks thereafter.
5. With the above direction, this petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ds To:
The Special Officer & District Revenue Officer, National Highways Collectorate Kancheepuram District.
+1cc to Mr.N.NITHIANANDAM, Advocate, S.R.No. 1908 +1cc to the Government Pleader, S.R.No. 1852 W.P.No.9071 of 2004 KAN(CO) TR(30/01/2018) https://hcservices.ecourts.gov.in/hcservices/