Madras High CourtWP/13436/2018disposed of

R.Gopalakrishnan, v. The District Collector

2018-06-11Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.13436 of 2018 R.Gopalakrishnan

...Petitioner

Versus

1.The District Collector / Arbitrator Cuddalore District, Cuddalore.

2.The Land Acquisition Officer NH 45-C / District Revenue Officer, Collectorate, Villupuram.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 11.5.2018 within a stipulated time.

For Petitioner : Mr.C.Prakasam For Respondents: Mr.D.Raja Additional Government Pleader

O R D E R

Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.D.Raja, learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

2. The petitioner has come forward with the present writ petition seeking a direction to the first respondent to consider and pass orders on his representation dated 11.5.2018, within a stipulated time.

3.The learned counsel for the petitioner would submit that the petitioner's land measuring to an extent of 239 Sq.mts was acquired by the second respondent under the provisions of National Highways Act, for widening the NH 45-C road in the year 2015 and an award was passed, fixing the compensation at the rate of Rs.861.82 per Sq.mt. The petitioner being aggrieved by the award has made a representation to the respondents on 11.5.2018. Since no order has been passed, the present writ petition.

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4. The learned counsel for the petitioner would further submit that the petitioner would be satisfied, if a suitable direction is given to the first respondent to consider the representation of the petitioner.

5. The learned Additional Government Pleader appearing for the respondents submitted that the first respondent is ready to consider the representation of the petitioner in accordance with law.

6. In the light of the above submissions and the limited scope of prayer sought for in this writ petition, this Court, without going into the merits of the case directs the first respondent to consider the representation of the petitioner dated 11.5.2018 and pass orders on merits and in accordance with law after providing an opportunity of personal hearing to all necessary parties, within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction this writ petition is disposed of. However, there shall be no order as to costs. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar ms To 1.The District Collector / Arbitrator Cuddalore District, Cuddalore.

2.The Land Acquisition Officer NH 45-C / District Revenue Officer, Collectorate, Villupuram.

+1 CC to Govt. Pleader sr 37027.

+1 CC to Mr.C. Prakasam, Advocate sr 36556 W.P.No.13436 of 2018 KAN(CO) SP(19/06/2018) https://hcservices.ecourts.gov.in/hcservices/