P.Chandiran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.10.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.25650 of 2022
1. P. Chandiran
2. C. Govindaraj
3. P.Murali
4. K.Natesan
5. C.Chellappan
...Petitioners
Vs.
1.The District Collector, Salem District, Salem
2. The Special District Revenue Officer ( Land Acquisition) National High Ways No.7,46,47 & 88) Salem, Dharmapuri & Krishnagiri Districts, Krishnagiri, Krishnagiri District.
3. The District Revenue Officer, Salem District, Salem - 1
4. The Revenue Divisional Officer, Mettur Division, Mettur Dam, Mettur Taluk, Salem District.
5. The Special Thasildar( Land Acquisition) National Highways-Unit II, Salem, Salem District.
6. The Thasildar, Mettur Taluk Office, Mettur Dam, Salem District. 1/8
7. The Revenue Inspector, Mecheri Firkka, Mecheri, Mettur Taluk, Salem District.
8. The Village Administrative Officer, Vellar Village, Vellar Post, Mettur Taluk, Salem District.
9. The Chief General Manager( Tech) O/o The Regional Officer, Regional Office, National Highways Authority of India, Sri Tower, 3rd Floor, Dp,34, Industrial Estate, Guindy, Chennai - 600 032.
10. The General Manager/ Project Director, O/o the General Manager, National Highways Authority of India, Coimbatore.
11. The Deputy General Manager/Project Director, o/o the Deputy General Manager, Project implementation unit ( PIC), Door No.212-3/D3, Sri Nagar Colony, Narasothipatti, Salem 636 004.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to inspect the properties and fix the afresh compensation as per the present market value of the acquired properties otherwise to return back the acquired properties by mutating the revenue records in our name from the name of National Highways Authority of India to the names of respective petitioners for the land bearing S.Nos 424/2A2, 423/2A3B and 423/2A2B2 measuring about totally 468 square meters lands, situated at Near Thoppur Canteen, Upparapatti Kattuvalavu, Vellar Village, Thoppur Post, Mettur Taluk, Salem 2/8
District and pass orders.
For Petitioners : Mr.G.K. Sekar For Respondents 1 to 8 : Mr.K.M.D. Muhilan Additional Government Pleader For Respondent 9 : Mr.S.V. Srinivasan ( Standing Counsel)
O R D E R
By the consent of both the parties this writ petition is disposed of at the admission stage itself.
2. The petitioner has filed this writ petition seeking for a direction to the second respondent to inspect the subject properties and fix the afresh compensation as per the present market value of the acquired properties otherwise to return back the acquired properties by mutating the revenue records in favour of the petitioners from the name of National Highways Authority of India.
3. The case of the petitioner is that the petitioners are the absolute owners of the subject property. Whileso, there was a proposal to acquire the 3/8
subject land for the purpose of expanding the road. Thereafter the second respondent had passed the land acquisition proceedings in Roc.No.511/2003(A) dated 20.10.2005 wherein the compensation amount was also fixed. The grievance of the petitioner is that the respondents without paying any compensation mutated the revenue records and transferred the subject property in the name of National highway Authority of India. Hence, this writ petition is filed with the aforesaid prayer.
4. The learned counsel appearing for the petitioner submitted that the it would suffice, if this Court issues direction to the official respondents to pay the compensation and pass appropriate orders within a reasonable time fixed by this Court.
5. In view of the aforesaid submissions and considering the limited request sought for by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case directs the second Respondent to consider representation dated 21.12.2015 within a period of six weeks from the date of receipt of a copy of this order, if the compensation 4/8
was not paid to the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently the connected miscellaneous petition is closed. 10.10.2022 1/2 Speaking Order : Yes/ No Index : Yes/ No smn 5/8
To 1.The District Collector, Salem District, Salem
2. The Special District Revenue Officer ( Land Acquisition) National High Ways No.7,46,47 & 88) Salem, Dharmapuri & Krishnagiri Districts, Krishnagiri, Krishnagiri District.
3. The District Revenue Officer, Salem District, Salem - 1
4. The Revenue Divisional Officer, Mettur Division, Mettur Dam, Mettur Taluk, Salem District.
5. The Special Thasildar( Land Acquisition) National Highways-Unit II,Salem, Salem District.
6. The Thasildar, Mettur Taluk Office, Mettur Dam, Salem District.
7. The Revenue Inspector, Mecheri Firkka, Mecheri, Mettur Taluk, Salem District.
8. The Village Administrative Officer, Vellar Village, Vellar Post, Mettur Taluk, Salem District.
9. The Chief General Manager( Tech) O/o The Regional Offier, Regional Office, National Highways Authority of India, Sri Tower, 3rd Floor, Dp,34, Industrial Estate, Guindy, Chennai - 600 032.
10. The General Manager/ Project Director, O/o the General Manager, National Highways Authority of India, Coimbatore.
11. The Deputy General Manager/Project Director, o/o the Deputy General Manager, 6/8
Project implementation unit ( PIC), Door No.212-3/D3, Sri Nagar Colony, Narasothipatti, Salem 636 004 M.DHANDAPANI,J.
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