Valli v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.08.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.10904/2020 & WMP.No.13243 and 13245/2020 1.Valli 2.Arul 3.Parameshwaran ...

Petitioners

Versus

1.The Collector Dharmapuri District Dharmapuri-636 705.

2.The Special District Revenue Officer NH 844 Office [Phase I] Oddapatti, Dharmapuri District.

3.The Special Tahsildar NH 844 Office [Phase II] Palacode Taluk, Dharmapuri District.

...

Respondents Prayer:-Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the representation dated 25.07.2020 sent by the petitioners to the respondents by furnishing a certified copy of the Award passed for acquiring the lands of the petitioners in Survey No.286/2B and 286/2C situated in Jakkasamuthuram Village, Dharmapuri District, within a stipulated time.

For Petitioners:

Mr.C.Umashankar For RR 1 to 3 :

Mr.D.Raja, AGP

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus directing the respondents to furnish the petitioners a copy of the Award within the time frame fixed by this Court.

(2)The case of the petitioners is that they were the owners of the subject property and the property was subjected to acquisition by the Highways Department. After the acquisition proceedings, an enquiry was conducted for fixing the compensation and according to the petitioners, an Award has also been passed. The grievance of the petitioners is that the copy of the Award was not furnished to them. The petitioners have made a representation in this regard on 25.07.2020. Since it did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate direction. (3)Heard Mr.C.Umashankar, learned counsel for the petitioner and Mr.D.Raja, learned Additional Government Pleader accepting notice on behalf of the respondents 1 to 3.

(4)Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to furnish the petitioners with a copy of the Award passed, within a period of four weeks from the date of receipt of a copy of this order. The petitioners are directed to make a fresh representation to the 2nd respondent along with a copy of this order. (5)This writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Collector, Dharmapuri District, Dharmapuri-636 705.

2.The Special District Revenue Officer, NH 844 Office [Phase I] Oddapatti, Dharmapuri District.

3.The Special Tahsildar NH 844 Office [Phase II] Palacode Taluk, Dharmapuri District.

+1cc to Mr.C.Uma Shankar, Advocate Sr.27112 +1cc to the Government Pleader Sr.27271 WP.No.10904/2020 vs[co] srg 05/10/2020