R.Manjula v. The District Collector / Arbitrator
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Manjula ... Petitioner Vs.
1.The District Collector / Arbitrator Thiruvannamalai District, Thiruvannamalai 2.The Competent Authority And Special District Revenue Officer Land Acquisition, NH-66, Villupuram 3.The Project Director, National Highways Authority of India, Project Implementation Unit, Villupuram.
4.Mrs.Devika.
...Respondents
[(R3 AND R4 ARE IMPLEADED AS PER ORDER DATED 13.12.2024 IN WMP.37658/2024 IN WP.12042/2024 BY PTAJ) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Any other appropriate writ, directing the 1st respondent to consider the petitioners representation dated 04.12.2023.
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For Petitioner : M/s.Himavanth For Respondents : M/s.M.R.Gokul Krishnan, A.G.P.
for R.1 & R2.
: M/s.S.R.Sumathy, Standing Counsel for R.3.
O R D E R
The Writ Petition is filed for the following reliefs:- "directing the 1st respondent to consider the petitioner's representation dated 04.12.2023."
2. The petitioner had given a representation on 04.12.2023, wherein she had requested the respondents to recover the compensation amount which has been paid to third party and pay the same to her.
3. It is informed by the learned Government Advocate that the third party is none else than the mother-in-law of the petitioner who is also entitled to a share in the compensation.
4. In this Writ Petition a scan copy of the counter affidavit has been filed and Mr.M.R.Gokul Krishnan, learned AGP, assures the Court that it will be substituted by the original. In the counter affidavit filed by the 1st respondent in paragraph no. 9 it has been stated as follows:- 2/5
" 9. It is submitted that with regard to the averments made in paragraph 5 of the affidavit, it is submitted that as already submitted, an enquiry is being conducted by the The Special Tahsildar (Land Acquisition) Office, Schemes, UnitIV. Tiruvannamalai, on the representation given by the Writ Petitioner dated 04.12.2023 and summons to the previous land owner Tmt. Devika ammal has been sent twice and though she has received the same, has not turned up for enquiry and these facts were well known to the Petitioner and she was also present at the time of enquiry and even for the hearing on 03.12.2024, the said Tmt. Devika ammal has not turned up to the enquiry and soon after the enquiry is over, this respondent will take immediate steps to recover and pay the amount due to the petitioner"
5. A perusal of the same would indicate that the representation of the petitioner is already under consideration.
6. In view of the above, the Writ Petition is disposed of with a direction to the 1st respondent that the above-said exercise shall be 3/5
completed within a period of 2 months from the date of receipt of a copy of this order.
7. It is also informed that the 4th respondent is not cooperating in the enquiry. It is needless to state that if the 4th respondent continues not to cooperate in the enquiry, orders can be passed in her absence. No costs. 13.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector / Arbitrator Thiruvannamalai District, Thiruvannamalai 2.The Competent Authority And Special District Revenue Officer Land Acquisition, NH-66, Villupuram 3.The Project Director, National Highways Authority of India, Project Implementation Unit, Villupuram.
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P.T. ASHA . J., (shr) 13.12.2024 (2/2) 5/5