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Madras High CourtWP/13591/2020disposed of

S.Sheik Ajis Saibu v. The District Collector

2020-09-30Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.13591 of 2020 S. Sheik Ajis Saibu ... Petitioner Vs.

1.The District Collector, Salem District, Salem.

2.The Competent Authority & The Special District, Revenue Officer, (L.A.) N.H.68, Salem - Villupuram Districts @ Salem.

3.The Special Tahsildar, (L.A.), National Highways -68, Attur, Salem District .. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the 1st respondent to conduct necessary Enquiry on the Application of the petitioner dated 13.2.2010 for determination of the compensation for the lands of the Petitioner, measuring 600 square meters comprised in Survey No.290/1-A., lands measuring 321 Square Meters comprised in Survey Nos.302/6-B2., and the measuring 945 Square Meters in Survey No.302/7B, at Kattukottai Village, Attur Taluk, Salem District, under the provisions of Section 3-G(5) of the Highways Act, 1956, within a stipulated period and consequently, direct the respondents to pay enhanced compensation for the above said acquired lands of the petitioner .

For Petitioner : Mr.K.Selvaraj For Respondents: Mr.E. Manoharan, Spl. Govt. Pleader

O R D E R

This writ Petition has been filed for the issue of Writ of Mandamus directing the 1st respondent to conclude the proceedings and pass final orders in the application filed by the petitioner on13.2.2010, wherein the petitioner has sought for

enhancement of compensation.

2. The case of the petitioner is that he was the absolute owner of the subject property and the same was acquired under the National Highways Act. The 2nd respondent had fixed the compensation and the petitioner felt that the compensation was on the lower side. Hence the petitioner has filed an application before the 1st respondent seeking for enhancement of compensation. This application was made in the year 2010 and the grievance of the petitioner is that till date, no final orders have been passed by the 1st respondent. Left with no other alternative, the present Writ Petition has been filed before this Court.

3. Heard Mr.K.Selvaraj, learned counsel appearing for the petitioner and Mr.E.Manoharan, learned Spl. Govt. Pleader appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the application filed by the petitioner seeking enhancement of compensation is pending before the 1st respondent for unduly long time, there shall be a direction to the1st respondent to pass final orders on the application submitted by the petitioner on 13.2.2010, within a period of three months from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order.

5. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar msr To 1.The District Collector, Salem District, Salem.

2.The Competent Authority & The Special District, Revenue Officer, (L.A.) N.H.68, Salem, Villupuram Districts @ Salem.

3.The Special Tahsildar, (L.A.), National Highways -68, Attur, Salem District +1cc to Mr.K.Selavaraj, Advocate, Sr.No.32327 WP.No.13591 of 2020 GP(CO) GS(23/10/2020)