R.Singaravelan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR R.Singaravelan .. Petitioner

Versus

1.The District Collector Cuddalore District 2.The Special District Revenue Officer (LA-Competent Authority) National Highways 45-A 3.The Special Tahsildar (Land Acquisition) National Highways - 45 - A, Unit I 64, Seetharam Nagar 3rd Cross Pudupalayam, Cuddalore - 607 001 4.Kuluppal Ramasamy Chettiar Dharma Paribalana Sabai Rep by its Trustee Puduchatram, Bhuvanagiri Taluk Cuddalore District 5.S.Arumugam .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India 1/6

praying to issue a Writ of Mandamus, directing the 1st respondent to refer the award dated 27.09.2021 in Na.Ka.NH.A1/696/2022 (award not given) passed by the 2nd respondent to decide the entitlement of compensation for R.S.No.30/12, Villianallur Village, Bhuvanagiri Taluk, Cuddalore District under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 to the authority concerned, by considering the petitioner's representation dated 04.03.2024. For Petitioner : Mr.N.Manoharan For Respondents : Mr.U.Baranidharan for R1 to R3 Additional Special Government Pleader

ORDER

This writ petition is filed for a direction to the 1st respondent to refer the award dated 27.09.2021 in Na.Ka.NH.A1/696/2022 (award not given) passed by the 2nd respondent to decide the entitlement of compensation for R.S.No.30/12, Villianallur Village, Bhuvanagiri Taluk, Cuddalore District under Section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 to the authority concerned, by considering the petitioner's representation dated 04.03.2024.

2. The petitioner submitted a representation on 04.03.2024 seeking for referring the matter as per Section 3H (4) of the National Highways Act, 1956 2/6

read with 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 since the respondents 4 and 5 had also set up for rival claims. However, the same is pending without consideration till date. Hence, this writ petition.

3. The learned Additional Government Pleader submitted that as the respondents 4 and 5 had set up rival claims, the matter will be referred to the appropriate authority as per law within a period stipulated by this Court.

4. Heard both sides and perused the materials available on record.Since no adverse order is passed against the respondents 4 and 5, notice to them are dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

5. Such view of the matter, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 04.03.2024 refer the matter to the appropriate authority as per Section 3H (4) of the National Highways Act, 1956 read with 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, within a period of one month from the date of receipt of copy of this order.

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6. With the above direction, this writ petition is disposed of. No costs. 12.06.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To 1.The District Collector Cuddalore District 4/6

2.The Special District Revenue Officer (LA-Competent Authority) National Highways 45-A 3.The Special Tahsildar (Land Acquisition) National Highways - 45 - A, Unit I 64, Seetharam Nagar 3rd Cross Pudupalayam, Cuddalore - 607 001 N. SATHISH KUMAR , J.

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W.P.No.14795 of 2024 12.06.2024 6/6