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Madras High CourtWP/14184/2021disposed of

R.Sukumar v. The State Of Tamil Nadu

2021-09-01Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.14184 of 2021 R.Sukumar

...Petitioner

Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Highways and Minor Ports (HF-1) Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Thiruvallur District, Thiruvallur.

3.The District Revenue Officer, Thiruvallur District, Thiruvallur.

...Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus to direct the respondents herein to pass an award and to pay the compensation amount together with interest and solatium for the lands measuring an extent of 30 square meter comprised in S.No.165/5A2 part, 360 sq. meter comprised in S.No.162/1D part, 410 sq. meter comprised in S.No.165/6 part, situate at No.92, Manjankaranai Village, Uthukkottai Taluk, Thiruvallur District, acquired by the respondents herein for the purpose of widening the State Highway No.51, which is also known as Periyapalayam Highway. For Petitioner : Mr.K.Surendranath For Respondents : Mr.Yogesh Kannadasan for R1 to R3 Government Advocate

ORDER

The petitioner has filed a mandamus to direct the respondents to pass an award and to pay the compensation amount together with interest and solatium for the lands measuring an extent of 30 square meter comprised in S.No.165/5A2 part, 360 sq. meter comprised in S.No.162/1D part, 410 sq. meter comprised in S.No.165/6 part situated at No.92, Manjankaranai Village, Uthukkottai Taluk, Thiruvallur District acquired by the respondents for the purpose of widening State Highway No.51 which is also known as Periyapalayam Highway. 2.Heard, the learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.

3.After filing of this writ petition, an interim order has been passed by this Court by directing the District Collector, Tiruvallur to pass award by conducting an enquiry. The acquisition process has been completed in the year 2011 and the New Act has come into force and hence the authorities have to pass an award under the New Act, the said instructions was also given to the District Revenue Officer, Tiruvallur and the District Revenue Officer held an enquiry and passed suitable vide his proceedings in RC.No.21242/2011/F1 dated 27.08.2021. As per the Act, Rules and the Government instructions regarding the compensation for widening 2 lane to 4 lane and improvements to Kosasthalaiyar Bridge, Puthur Road in Manjankaranai Village in respect of all the land owners including the writ petitioner's land were sent to the District Collector, Tiruvallur for approval.

4.The District Collector, Tiruvallur vide his proceedings dated 27.08.2021 8th read therein has approved the final award of Rs.2,06,21,584/- for acquisition of lands measuring to an extent of 7500 sq.mtrs. lands in 92 Manjankaranai Village, Uthukottai Taluk, Tiruvallur District for the purpose of widening 2 lane to 4 lane and improvements to Kosasthalaiyar Bridge, Puthur Road at Km 0/0 - Km 10/0 (SH-51) under the provisions of Tamil Nadu Highways Act, 2001 and as per the executive instructions issued in Government Order in G.O.Ms.No.27, H & M.P Department dated 05.03.2018 and according to the procedures as per the first Schedule Section of 26 of RTCTLARR Act, 2013 and in the said

proceedings of DRO, the Tahsildar, Uthukottai was also instructed to pursue post award action and send compliance report along with computer copies of village accounts. The aforesaid award has been pronounced on 27.08.2021 and a copy of the same has also been produced before this Court on 01.09.2021. 5.In view of the above, this Court is of the view that the award has been passed and further action regarding compensation payable to the petitioner shall be proceeded by the respondents in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar pam To 1.The Principal Secretary to Government, Highways and Minor Ports (HF-1) Department, Fort St.George, Chennai - 600 009.

2.The District Collector, Thiruvallur District, Thiruvallur.

3.The District Revenue Officer, Thiruvallur District, Thiruvallur.

+1cc to Mr.K.Surendranath, Advocate SR.No.44177 +1cc to the Government Pleader SR.No.44602 W.P.No.14184 of 2021 PCH(CO) RVM(27/09/2021)