Madras High CourtWP/26971/2014disposed of

J.Bhaskar Raj, v. The District Collector,

2015-11-20Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2015

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.26971 of 2014 J.Bhaskar Raj [ PETITIONER ] Vs 1 The District Collector Kancheepuram Distirct Tamil Nadu.

2 The Special Thasildar (Land Acquisition) Oragadam Industrial Park Road Infrastructure Scheme Sriperumbudur 602 105.

[RESPONDENTS] Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to pay compensation to the petitioner with 9% interest for his acquired land viz. land bearing S.No.58/1A2 to an extent of 00200 Sq.mtr, S.No.58/1C2 to an extent of 00079 sq.mtr, S.No.77/2B1A2 to an extent of 00030 Sq.mtr, S.No.74/1C2 to an extent of 00034 sq.mtr.situated at No.164, Varanavasi Village, Kancheepuram Taluk and District, acquired for the purpose of widening the State Highway between Vandalur Walajahbad.

For Petitioner ..Mr.P.R.Thiruneelakandan For Respondents ..Mr.R.Rajeswaran Spl.Govt.Pleader

O R D E R

By consent of the learned counsel on either side, the writ petition is taken up for final disposal.

2. Heard Mr.P.R.Thiruneelakandan, learned Counsel appearing for the petitioner and Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/

3.The petitioner seeks for a direction upon the respondents to pay compensation to the petitioner in respect of the lands which are acquired from the petitioner comprised in S.No.58/1A2 to an extent of 00200 Sq.mtr, S.No.58/1C2 to an extent of 00079 sq.mtr, S.No.77/2B1A2 to an extent of 00030 Sq.mtr, S.No.74/1C2 to an extent of 00034 sq.mtr.situated at No.164, Varanavasi Village, Kancheepuram Taluk and District, acquired for the purpose of widening the State Highway between Vandalur Walajahbad.

4.Admittedly, in the instance case, in the Award passed by the second respondent dated 20.12.2012, petitioner's name does not find place. It is stated that only the name of the petitioner's father is mentioned in the Award. If that be the case, the petitioner should appear before the second respondent and produce all documents and explain as to how the petitioner is entitled to the property in question and the second respondent is entitled to call for any document to satisfy the ownership of the petitoiner and also issue notice to the persons whose names are mentioned in the Award and after conducting enquiry, shall pass appropriate orders on the claim of compensation on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rpa To 1 The District Collector Kancheepuram Distirct, Tamil Nadu.

2 The Special Thasildar (Land Acquisition) Oragadam Industrial Park Road Infrastructure Scheme Sriperumbudur 602 105.

+ 1 cc to M/s. P.R. Thiruneelakandan, Advocate SR.62977 + 1 cc to the Government Pleader Sr.63230 W.P.No.26971 of 2014 PPA(CO) Eu 30.11.15 https://hcservices.ecourts.gov.in/hcservices/