Mrs. Rajalakshmi v. The Special District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.10.2023 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. Nos.30316, 30317, 30322 and 30323 of 2023 and W.M.P.Nos.29903, 29904, 29906 and 29907 of 2023 Mrs.Rajalakshmi ... Petitioner in WP No.30316 of 2023 K.Balasubramanian ... Petitioner in WP No.30317 of 2023 C.Santhosh ... Petitioner in WP No.30322 of 2023 Appaji ... Petitioner in WP No.30323 of 2023 Vs.
1. The Special District Revenue Officer Land Acquisition NH-45A, National Highways, First Floor, Collector's Office, Villupuram - 605 602
2. The District Collector and Arbitrator Collector's Office, Villupuram District,
3. The Special Tahsildar Land Acquisition NH-45-A National Highways, Unit-I Collector's Office, 2nd Floor, 1/7
4. The Regional Officer, Regional Office, National Highways Authority of India, Plot NO.P34, 3rd Floor, Sri Tower, (SP) Industrial Estate, Guindy, Chennai - 600 032
5. The Project Director National Highways Authority of India Project Implementation Unit, No.28 & 29, 1st Cross, Ganapathy Nagar, Arumathapuram, Puducherry - 605 110
6. The Inspector General of Registration 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028
7. The Deputy Inspector General of Registration No.50, Sankara Naidy Street Thirupapuliyur, Cuddalore District, Cuddalore - 607 002
8. The District Registrar District Registrar Office, Master Plan Complex,
9. The Sub-Registrar Joint II, Villupuram District ... Respondents in all WPs.
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Common Prayer: Writ Petitions are filed under Article 226 of the Constitution of India, to issue writ of Certiorarified Mandamus to call for the records relating to the Award, bearing No. Na.Ka.C/NH45A/348/2018, dated 31.08.2021, communicated to the petitioners vide letter bearing No.Na.Ka.C/N.H-45A/348/2018 dated 26.10.2022 and 31.10.2022, respectively, passed by the Special District Revenue Officer, Land Acquisition NH 45A, National Highways Villupuram, the 1st respondent herein and quash the same and consequently, direct the 1st respondent to conduct a fresh enquiry for determination of the market value giving due opportunity of hearing to the petitioners.
In all WPs.
For Petitioners : Mr.T.R.Sathiya Mohan For Respondents : Mr.J.Ravindran Additional Advocate General Assisted by Mr.Yogesh Kannadasan, Special Government Pleader for R1 to R3, R6 to R8 and R9 M/s.S.R.Sumathy Standing Counsel for NHAI for R4 and R5 3/7
COMMON ORDER The Writ Petition are filed for writ of Certiorarified Mandamus to call for the records relating to the Award, bearing Na.K.No.C/NH45A/348/2018, dated 31.08.2021, communicated to the petitioners vide letter bearing no.Na.Ka.C/N.H-45A/348/2018 dated 26.10.2022, passed by the Special District Revenue Officer, Land Acquisition NH 45A, National Highways Villupuram/the 1st respondent herein and quash the same and consequently, direct the 1st respondent to conduct a fresh enquiry for determination of the market value by giving due opportunity of hearing to the petitioners.
2. The petitioners are challenging the compensation amount fixed by the 1st respondent on the ground that the same is arbitrary.
3. Heard both sides and perused the records.
4. The petitioners have an appeal remedy. However, without exhausting the appeal remedy, the petitioners have approached this Court by filing these writ petitions. Therefore, the petitions are not maintainable. 4/7
5. According, the writ petitions are dismissed at the admission stage itself. Consequently, connected Miscellaneous Petitions are closed. However, there shall be no order as to costs.
20.10.2023 ksa-2 Index : Yes / No Speaking Order : Yes / No To
1. The Special District Revenue Officer Land Acquisition NH-45A, National Highways, First Floor, Collector's Office, Villupuram - 605 602
2. The District Collector and Arbitrator Collector's Office, Villupuram District,
3. The Special Tahsildar Land Acquisition NH-45-A National Highways, Unit-I Collector's Office, 2nd Floor, 5/7
4. The Regional Officer, Regional Office, National Highways Authority of India, Plot NO.P34, 3rd Floor, Sri Tower, (SP) Industrial Estate, Guindy, Chennai - 600 032
5. The Project Director National Highways Authority of India Project Implementation Unit, No.28 & 29, 1st Cross, Ganapathy Nagar, Arumathapuram, Puducherry - 605 110
6. The Inspector General of Registration 100, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028
7. The Deputy Inspector General of Registration No.50, Sankara Naidy Street Thirupapuliyur, Cuddalore District, Cuddalore - 607 002
8. The District Registrar District Registrar Office, Master Plan Complex, Villupuram - 605 602
9. The Sub-Registrar Joint II, Villupuram District 6/7
P.VELMURUGAN. J.
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