Madras High CourtWP/11617/2024disposed of

S.Mahesh v. The Secretary

2024-04-29Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR S.Mahesh .. Petitioner

Versus

1. The Secretary, Ministry of Highway and Industries and Minor Ports, Secretariat, Chennai - 600 009.

2. The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

3. The District Collector, Kanchipuram District.

4. The District Revenue Officer [LA], Kanchipuram District.

5. The Executive Director, NRIDC, LLA Building, Chennai - 600 002.

6. The Divisional Engineer, TNRIDC, LLA Building, Chennai- 600 002.

7. The Special Tahsildar, Land Acquisition, Oragadam Industries Infrastructure Scheme, Sriperumbudur, Office of the Sriperumbudur Taluk, Sriperumbudur, Kancheepuram District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying 1/5

to issue a Writ of Mandamus to direct the first respondent to calculate the interest as admissible under section 24 of the Tamil Nadu Highways Act 2001 from the date of possession, i.e., 26.06.2014 to 26.10.2017 and disburse the same in favour of the petitioner in respect of the acquisition of petitioner's land in S.No.195/43, measuring an extent of 25 Sq.m., Vallam A Village Sriperambudhur Taluk, Kancheepuram District.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the first respondent to calculate the interest as admissible under section 24 of the Tamil Nadu Highways Act 2001 from the date of possession, i.e., 26.06.2014 to 26.10.2017 and disburse the same in favour of the petitioner in respect of the acquisition of petitioner's land in S.No.195/43, measuring an extent of 25 Sq.m., Vallam A Village Sriperambudhur Taluk, Kancheepuram District.

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3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that though the petitioner's property to an extent of 25 sq.m. was acquired by the Government for the Oragadam Industries Infrastructure Scheme, Sriperumbudur on 26.06.2014, compensation has been paid to the petitioner from the date of publication of 15[2] notice, i.e., from 27.10.2017. Whereas, the petitioner is entitled for compensation from the date of possession, i.e., from 26.06.2014 as per Section 24 of the Tamil Nadu Highways Act, 2001. In this regard, the petitioner has given a representation to the respondents on 28.09.2023. However, the respondents have not considered the representation of the petitioner till date. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, there shall be a direction to the respondents to consider the representation of the petitioner dated 28.09.2023 and pass Orders on the same on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. 3/5

6. With the above direction, this writ petition is disposed of. No costs. 29.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,