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Madras High CourtWP/16301/2023disposed of

Loganayagi v. The District Collector

2023-05-26Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.05.2023

CORAM:

THE HON'BLE MR. JUSTICE V. LAKSHMINARAYANAN Loganayagi Petitioner v The District Collector Chengalpattu District The Special District Revenue Officer Mamallapuram-Puducherry Express Road Project-III Chengalpattu Unit Chengalpattu District The Special Tahsildar Mamallapuram-Puducherry Express Road Project Chengalpattu Unit-3 Chengalpattu District Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents, particularly, the respondents 2 and 3, to forthwith pass an order under the provisions of the National Highways Act for having acquired the land comprised in Old Survey No.242/1A, New Survey No.242/1A2, measuring an extent of 21 cents in Mugaiyur Village, Cheyyur Taluk, Chengalpattu District and to disburse the compensation amount thereof to the petitioner within a time limit.

For petitioner Mr. M. Elumalai 1/4

For respondents Mr. S. Prabhakaran Government Advocate

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents 2 and 3, to forthwith pass an order under the provisions of the National Highways Act, 1956, for having acquired the petitioner's land comprised in Old Survey No.242/1A, New Survey No.242/1A2, measuring an extent of 21 cents in Mugaiyur Village, Cheyyur Taluk, Chengalpattu District and to disburse the compensation amount thereof to the petitioner, within a time limit. The petitioner states that she is the owner of the property in New Survey No.242/1A2, measuring about 21 cents of Mugaiyur Village, Cheyyur Taluk, Chengalpattu District. She had purchased the said land by way of a registered sale deed dated 29.10.1998.

The Special District Revenue Officer, Mamallapuram-Puducherry Express Road Project, the second respondent herein, had acquired the said land in exercise of powers conferred on him under Section 3G (3 & 4) of the National Highways Act, 1956. By an award dated 18.11.2022, the second respondent has fixed the compensation under Section 3-E(1), ibid.

has been fixed, till date, payment has not been made to her, despite her several visits to the office of the second respondent. It is clear from the records that the Government has fixed the compensation and has identified the petitioner as the owner of the acquired property. When such being the case, it is beyond the ken of this Court as to why compensation has not been paid to the petitioner. In such perspective of the matter, the petitioner is directed to address a representation to the second respondent within a period of one week from today and the second respondent shall take a call and pass a speaking order within a period of four weeks from the date of receipt of the petitioner's representation. With the above observation, this writ petition stands disposed of. Costs made easy.

26.05.2023 cad/gya Note to Office: Issue order copy by 29.05.2023 3/4

V. LAKSHMINARAYANAN, J.

cad/gya To The District Collector Chengalpattu District The Special District Revenue Officer Mamallapuram-Puducherry Express Road Project-III Chengalpattu Unit Chengalpattu District The Special Tahsildar Mamallapuram-Puducherry Express Road Project Chengalpattu Unit-3 Chengalpattu District 26.05.2023 4/4