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Madras High CourtWP/17012/2017disposed of

Mrs.Mohana Jagadeesan v. The District Collector

2017-11-10Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition Nos.17012 and 17013 of 2017 1.Mohana Jagadeesan 2.Senthil Jagadeesan .. Petitioners in W.P.17012/2017 T.Chitty Babu .. Petitioner in W.P.17013/2017 Vs.

1.The District Collector, Collectorate, Kancheepuram.

2.The Special Deputy Tahsildar, IT Corridar Expressway Scheme, Tambaram.

.. Respondents in both W.Ps.

COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India praying for issuance of Writ of mandamus to direct the respondents to pay interest to the petitioner at 12% per annum on the compensation fixed and paid to the petitioner as per the award No.12 of 2011 dated 15.09.2011 on the file of the first respondent and further direct the first respondent to make a reference to make a reference to the court under section 20 of the Tamil Nadu Highways Act 2001 so as to enable the petitioner to seek enhancement of compensation determined and given under Award No.12 of 2011 dated 15.09.2011 on the file of the first respondent, so far as the lands of the petitioner and their family members are concerned. For Petitioner : Mr.D.Shivakumaran in both W.Ps.

For Respondents : Mr.A.Kumar in both W.Ps.

Special Government Pleader

C O M M O N O R D E R Heard Mr.D.Shivakumaran, learned counsel appearing for the petitioners and Mr.A.Kumar, learned Special Government Pleader appearing for the respondents.

2.Though the writ petitions are filed seeking for a direction to the respondents to pay interest to the petitioners at 12% p.a. on the compensation fixed and paid as per the Award No.12 of 2011 dated 15.09.2011 and further to direct the first respondent to make a reference to the Court under Section 20 of the Tamil Nadu Highways Act, 2001 to seek enhancement of the compensation, the learned counsel appearing for the petitioners submitted that suffice if a direction is given to the respondents to make a reference to the Court under Section 20 of the Tamil Nadu Highways Act, 2001 for enhancement of compensation based on the individual representations made by the petitioners as early as on 10.09.2014 and handed over in person on 12.09.2014. Learned Special Government Pleader appearing for the respondents submitted that such request made by the petitioners would be considered and action will be taken to refer the matter to the court for enhancement of compensation. Accordingly, both the writ petitions are disposed of only with a direction to the respondents to consider the

representations of the respective petitioners, seeking for reference to the court for enhancement of compensation and pass appropriate orders without loss of further time, however, within a period of four weeks from the date of receipt of a copy of this order. It is open to the respective petitioners to agitate the mater even in respect of interest portion of it before the said Court. No costs.

10.11.2017 Speaking/Non Speaking order Index :Yes/No Note:Issue order copy on 14.11.2017

K.RAVICHANDRABAABU,J.

vri W.P.Nos.17012 and 17013 of 2017 10.11.2017