S.K.Selvarajan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.12723 of 2018 S.K.Selvarajan ...Petitioner Vs

1. The District Collector /Arbitrator, Cuddalore District, Cuddalore.

2.The Land Acquisition Officer NH 45-C/ District Revenue Officer, Collectorate, Villupuram. ...Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 08.05.2018 within a stipulated time. For Petitioner : Mr.C.Prakasam For Respondents : Mr.Akhil Akbar Ali Government Advocate for R1 : Mrs.S.R.Sumathi Standing Counsel for R2

ORDER

Heard Mr.C.Prakasam, learned counsel for the petitioner, Mr.Akhil Akbar Ali, learned Government Advocate appearing for the first respondent and Mrs.S.R.Sumathi, the learned counsel appearing for the second respondent and perused the materials available on record.

2. This writ petition has been filed for a issuance of writ of mandamus to direct the first respondent to consider and pass orders on the representation of the petitioner dated 08.05.2018.

3. The learned counsel for the petitioner would submit that the lands of the petitioner were acquired for the purpose of widening NH 45-C road in the year 2015 and award was passed. Aggrieved by the award, the petitioner has sent a representation to the first respondent for referring the case to the District Court, under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Since the representation was not considered, the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate appearing for the first respondent would submit that the first respondent / District Collector is the competent authority to consider the grievance of the petitioner as per the provisions under Section 3G-5 of National Highways Act and the first respondent / District Collector is ready to dispose of the representation of the petitioner in accordance with law.

5. In the light of the above submissions and also taking note of facts in this case, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 08.05.2018 and pass appropriate orders on merits and in accordance with law, after providing an opportunity of personal hearing to all necessary parties, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm To

1. The District Collector /Arbitrator, Cuddalore District, Cuddalore.

2.The Land Acquisition Officer NH 45-C/ District Revenue Officer, Collectorate, Villupuram.

+1cc to Government Pleader Sr.No.37028 +1cc to Mr.C.Prakasam, Advocate SR.No.36236 sm:18.6.2018 W.P.No.12723 of 2018 https://hcservices.ecourts.gov.in/hcservices/