N.Sampath v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 03.08.2021
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN WP.No.16021/2021 [Video Conferencing] N.Sampath
...Petitioner
Versus
1.The District Collector Thiruvallur District, Thiruvallur.
2.National Highways Authority of India rep.by its Project Director, Guindy, Chennai 600 032.
3.The Competent Authority and Special District Revenue Officer [LA] National Highways, Kancheepuram and Thiruvallur Districts at Kancheepuram.
4.The Special District Revenue Officer [La] National Highways, No.3/4, Lal Bahadur Shastri Street, Periyakuppam, Thiruvallur Thiruvallur District.
...Respondents
Prayer : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to disburse 50% share of the enhanced compensation to the deceased Natarajan's legal heirs together with interest pursuant to the enhanced award No.272/2010/NH5/TVR dated 08.02.2018 for the land acquired in Survey No.224/1A1B of Chinnaobulapuram Village in Gummidipoondi Taluk, Thiruvallur District.
For Petitioner :
Mr.P.Ravi Shankar Rao For RR 1,3 & 4 :
Mr.Yogesh Kannadasan Government Advocate For R2 :
Mr.Su. Srinivasan Standing Counsel for National Highways Authority of India
ORDER
(1) Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of respondents 1, 3 and 4 and Mr.Su.Srinivasan, learned Standing counsel for National Highways Authority of India accepts notice on behalf of the 2nd respondent.
(2) The writ petition has been filed seeking a direction to disburse 50% share of the enhanced compensation which is due to be paid to the petitioner's father Natarajan together with interest pursuant to an Award in No.272/2010/NH5/TVR dated 08.02.2018 for the lands acquired in S.No.224/1A1B of Chinnaobulapuram Village in Gummidipoondi Taluk, Tiruvallur District.
(3) It is the grievance of the petitioner that a series of representations had been given and as a matter of fact, they had been given on 12.01.2021, 09.02.2021 and again on 09.03.2021. The only reason for these representations' being held back by the respondents and for not disbursing the compensation, is that a First Appeal in AS.No.65/2013 was said to be pending on the file of the 4th Additional District Judge, at Ponneri. However, it is stated that the said Appeal Suit had been disposed of on 17.12.2015. The petitioner also claims that the compensation payable to the petitioner's father's brother had been disbursed, but, only the share of the petitioner's father had been held back by the respondents.
(4) In view of this, a direction is placed on the 4th respondent, viz., the Special Tahsildar, District Revenue Officer, Land Acquisition at Tiruvallur District, to consider the representations dated 12.01.2021, 09.02.2021 and 09.03.2021 respectively given by the petitioner herein, issue notice, hear the petitioner and thereafter, pass orders on the said letters within a period of twelve weeks from the date of receipt of a copy of this order.
(5) The writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP
To 1.The District Collector Thiruvallur District, Thiruvallur.
2.Project Director National Highways Authority of India Guindy, Chennai 600 032.
3.The Competent Authority and Special District Revenue Officer [LA] National Highways, Kancheepuram and Thiruvallur Districts at Kancheepuram.
4.The Special District Revenue Officer [LA] National Highways, No.3/4, Lal Bahadur Shastri Street, Periyakuppam, Thiruvallur Thiruvallur District.
+1cc to M/s.R.Ravi Shankar Rao, Advocate, S.R.No.37795 +1cc to the Government Pleader, S.R.No.38481 WP.No.16021/2021 NK(CO) SB(25/08/2021)