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Madras High CourtWP/15395/2017disposed of

Mrs. Malar v. The Special Tahsilar(La),

2018-01-24Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.01.2018 Coram: The Honourable Mr. Justice N. SESHASAYEE W.P.No.15395 of 2017 Mrs.Malar

...Petitioner

Versus

1. The Special Tahsildar (L.A)., Oragadam Industrial Park Road, Infrastructure Scheme, Ramanujar Lane, Sriperumbudur - 602 105.

2. The Chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.

3. The Divisional Engineer - II, TNRSP - II, Highways Department, Kancheepuram Division, Kancheepuram District.

4. The Divisional Engineer, (II) Tamil Nadu Road infrastructure Development Corporation, IV th Floor, L.L.A Building, No.735, Anna Salai, Chennai - 600 002.

5. The District Collector, Office of the District Collector at Kancheepuram, Kancheepuram District, Tamil Nadu.

6. The State of Tamil Nadu, Represented by its Secretary, State Highways Department, Fort St.George, Chennai - 600 009.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to pass an award for payment of compensation at the existing market value with interest for petitioner house

property/lands acquired in survey No.1570/3A2B, to an extent of 2000 Sq.ft vide Patta No.2078 in Sriperumbudur Village and Taluk, Kancheepuram district.

For Petitioner :

Mr.R.Venkatesan For Respondents :

Mr. M. Karthikeyan, Additional Govt. Pleader

ORDER

In this case, the petitioner owned a piece of land in Survey No. 1570/3A2B at Sriperumbudur Village and Taluk, Kancheepuram district was acquired by the Authorities under the provisions of Tamil Nadu Highways Act, 2001 and no award was passed yet.

2. Mr. M. Karthikeyan, the learned Additional Government Pleader, on instructions, assisted by the Special Tahsildar submitted that an award would be passed in terms of Central Act of 30 of 2013.

3. The statement of the learned Additional Government Pleader is hereby recorded. The respondents are directed to award compensation to the petitioner in terms of the Central Act 30 of 2013 and fifth respondent is directed to issue Notices for enquiry at the respective address of the petitioner given in the Writ Petition before passing the award. The fifth respondent is further directed to pass an interim award in this matter within three months from the date of receipt of a copy of this order.

4. Accordingly, this Writ Petition is disposed of with the above direction. No costs.

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

1. The Special Tahsildar (L.A)., Oragadam Industrial Park Road, Infrastructure Scheme, Ramanujar Lane, Sriperumbudur - 602 105.

2. The Chief Engineer (General), Highways Department, Chepauk, Chennai - 600 005.

3. The Divisional Engineer - II, TNRSP - II, Highways Department, Kancheepuram Division, Kancheepuram District.

4. The Divisional Engineer, (II) Tamil Nadu Road infrastructure Development Corporation, IV th Floor, L.L.A Building, No.735, Anna Salai, Chennai - 600 002.

5. The District Collector, Office of the District Collector at Kancheepuram, Kancheepuram District, Tamil Nadu.

6. The Secretary, State Highways Department, Fort St.George, Chennai - 600 009.

+1cc to Mr.R.Venkatesan, Advocate sr.no.5916 W.P.No.15395 of 2017 nr 10/07/2018