N.Nagalapati Subash v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.13205 of 2023 N.Nagalapati Subash ... Petitioner in WP.13509/2023 S.Angel
...Petitioner in WP.13516/2023
1.A.Rajeshwari 2.A.Rajan 3.A.Kumar 4.A.Priya
...Petitioners in WP.13522/2023
P.Gurusamy
...Petitioner in WP.13526/2023
N.Chellamuthu
...Petitioner in WP.13540/2023
Vs.
1. The District Collector, Thiruvallur District at Thiruvallur-602001.
2. The Competent Authority/Spl DRO (LA) NH-2 (Thirupathy-Renigunda-Thiruthani-Chennai Road Flyover) Chennai Boundry Road Scheme, Ambatur Industrial Estate, Chennai-600 058.
3. The Special Tahsildar (Land Acquisition) Chennai border road scheme (Unit-III) 1/4
No.2, Lal bahadur Shastristreet, Periyakuppam, Thiruvallur-602 001.
4. The Divisional Engineer, Office of the Divisional Engineer, Highways, Construction and Maintenance, Thiruvallur- 602001
...Respondents in all WPs.
Common 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 petitioners' representations dated 24.01.2023 pending on the file of the respondents within a reasonable time frame fixed by this Hon`ble Court.
For Petitioners in all W.Ps.
: Mr.S.Natarajan For Respondents in all WPs.
: Mr.D.Ravichander, Spl.G.P.
COMMON ORDER The relief sought in the present writ petitions is to direct the respondents to consider the petitioners' representations dated 24.01.2023 pending on the file of the respondents.
2.It is not in dispute that the land belonging to the petitioners were acquired for public purposes. The learned Special Government Pleader, appearing on behalf of the respondents brought to the notice of this Court that the process of acquisition has been completed in all respects and the 2/4
award for land was already passed in the year 2020 itself. If at all, the petitioners are not satisfied with the compensation determined by the authority concerned, the petitioners have to file necessary applications seeking enhancement or for making reference.
3.The learned counsel for the petitioners made a submission that the amount of compensation fixed by the authorities are received with protest. That being the factum, it is for the petitioner to work out their remedy for seeking enhancement of award or otherwise. However, by merely directing the respondents to consider the representations of the petitioners would do no service to the cause of justice. The petitioners have to file necessary applications by following the procedures as contemplated under the Land Acquisition Act.
4.With these observations and liberty to the petitioners, the writ petitions stand disposed of. No costs. Consequently, connected miscellaneous is closed.
(sha) 14.06.2023 Index : Yes Speaking Order 3/4
S.M.SUBRAMANIAM . J., (sha) To
1. The District Collector, Thiruvallur District at Thiruvallur-602001.
2. The Competent Authority/Spl DRO (LA) NH-2 (Thirupathy-Renigunda-Thiruthani-Chennai Road Flyover) Chennai Boundry Road Scheme, Ambatur Industrial Estate, Chennai-600 058.
3. The Special Tahsildar (Land Acquisition) Chennai border road scheme (Unit-III) No.2, Lal bahadur Shastristreet, Periyakuppam, Thiruvallur-602 001.
4. The Divisional Engineer, Office of the Divisional Engineer, Highways, Construction and Maintenance, Thiruvallur- 602001 14.06.2023 4/4