Madras High CourtWP/22192/2018disposed of

K.G.Mathiayan, v. The Project Director,

2021-11-19Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2021 C O R A M THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY W.P.No.22192 of 2018 K.G.Mathiayan

...Petitioner

1. The Project Director, National Highways Authority of India, P1, Krishnagiri, Dharmapuri District.

2. The District Collector, Office of the District Collector, Dharmapuri.

3. District Revenue Officer and Officer In charger, National Highways No.844, Collectorate Office, Dharmapuri.

4. Revenue Divisional Officer, Dharmapuri.

5. The Thasildhar, Palakode Taluk, Dharmapuri

...Respondents

Prayer Writ Petition filed under Section 226 of the Constitution of India, prayed for the issuance of Writ of Mandamus, seeking for a direction to the first respondent to consider and dispose of the petitioner's representation dated 02.07.2018 in accordance with law.

For Petitioner :

Dr.P.Vasudevan For R1 :

Mr.Richard Wilson for Mr.P.Wilson Associates For R2 to R5 :

Mr.K.M.D.Muhilan Government Advocate

ORDER

This Writ Petition has been filed seeking direction to the first respondent to consider and dispose of the petitioner's representation dated 02.07.2018 in accordance with law.

2. The learned counsel for the petitioner would submit that, initially, the first respondent's Officials conducted a survey for the purpose of acquiring the total extent of 3 acres of land owned by the petitioner and his family members and identified a small portion out of 3 acres for the purpose of forming a four lane National High Way. Later, it was informed by the first respondent that the entire land along with the deep well will be acquired for forming a four lane National High Way, which would affect the livelihood of the petitioner's family. Therefore, he made a representation to the first respondent, expressing his willingness to surrender only a small portion out of the 3 acres, so that the petitioner and his family members will be in a position to continue to own the balance land and to have source for their livelihood. Since his representation was not considered by the 1st respondent, the present Writ Petition has been filed.

3. The learned counsel for the first respondent would submit that the said representation was not considered by the 1st respondent so far and he submits that this Court may fix time frame to consider the representation and dispose of the same.

4. Heard the learned counsel for the petitioner; the learned counsel appearing for the first respondent and the learned Government Advocate appearing for the respondents 2 to 5.

5. Without going into the merits of the case, there shall be a direction to the first respondent to consider the petitioner's representation dated 02.07.2018 and deal with the same strictly in accordance with law and pass appropriate order within a period of three weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar

rst To:

1. The Project Director, National Highways Authority of India, P1, Krishnagiri, Dharmapuri District.

2. The District Collector, Office of the District Collector, Dharmapuri.

3. District Revenue Officer and Officer In charger, National Highways No.844, Collectorate Office, Dharmapuri.

4. Revenue Divisional Officer, Dharmapuri.

5. The Thasildhar, Palakode Taluk, Dharmapuri +1cc to M/s.P.Vasudevan, Advocate, S.R.No.59956 +1cc to M/s.P.Wilson Associates, Advocate, S.R.No.59933 +1cc to the Government Pleader, S.R.No.60302 W.P.No.22192 of 2018 KSM(CO) RGA(02/12/2021)