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Madras High CourtWP/33742/2015disposed of

J.Jayachandran, v. The Land Acquisition Officer-

2015-11-16Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16/11/2015 C O R A M THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P.Nos.33742 to 33744 of 2015 Sri.J.Jayachandran

...Petitioner in W.P.33742/15

Smt.Jebaselvi

...Petitioner in W.P.33743/15

K. Muthu

...Petitioner in W.P.33744/15

Vs

1. The Land Acquisition Officer-cum- District Collector Kancheepuram District.

2. The Divisional Engineer (Highways) Projects Division - I No.110/A, GST Road Chromepet Chennai.

...Respondents in all WPs

Prayer in W.P.No.33742 of 2015:-Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondents herein to refer Award No.6 of 2010 dated 31/8/2010 to competent Civil Court pursuant to the petitioner's written representation sent on 20/10/2010 to the respondents in respect of the petitioner's land acquired under the Tamil Nadu Highways Act, 2001, an extent of 0.57.0 square meter in S.No.130/11B2 at Melamaiyur Village, Chengalpattu Taluk, Kancheepuram District.

Prayer in W.P.No.33743 of 2015:-Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondents herein to refer Award No.6 of 2010 dated 31/8/2010 to competent Civil Court pursuant to the petitioner's written representation sent on 21/10/2010 to the respondents in respect of the petitioner's land acquired under the Tamil Nadu Highways Act, 2001, an extent of 0.90.0 square

meter in S.No.129/1A1B at Melamaiyur Village, Chengalpattu Taluk, Kancheepuram District.

Prayer in W.P.No.33744 of 2015:-Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of mandamus to direct the respondents herein to refer Award No.6 of 2010 dated 31/8/2010 to the competent Civil Court pursuant to the petitioner's written representation sent on 25/10/2010 to the respondents in respect of the petitioner's land acquired under the Tamil Nadu Highways Act, 2001, an extent of 053.0 square meter in S.No.130/14B2 at Melamaiyur Village, Chengalpattu Taluk, Kancheepuram District.

For petitioners :

Mr.A.C.Kumaragurubaran For respondents :

Mr.R.Lakshmi Narayanan Additional Government Pleader C O M M O N O R D E R With the consent of the learned counsel for the parties, these writ petitions are taken up for final disposal. 2.

Heard Mr.A.C.Kumaragurubaran, learned counsel appearing for the petitioners and Mr.R.M.Muthukumar, learned Additional Government Pleader for the respondents.

3. The petitioners in these writ petitions, seek for a direction to the respondents to refer Award No.6 of 2010 dated 31st August 2010 to the competent Civil Court, by considering the petitioners representations, wherein they have claimed enhanced compensation.

4. Without going into the merits of the petitioners claim, it would be suffice to direct the respondents to consider the representations of the petitioners, within a stipulated time.

5. Accordingly, the respondents are directed to consider the representations of the petitioners dated 20th October 2010, 21st October 2010 and 25th October 2010, respectively followed by legal notices and pass appropriate orders, on merits and in accordance with law. Since the petitioners have not furnished a copy of the acknowledgement to show that the representations made by them were acknowledged, the petitioners are directed to

enclose the copies of the representation along with the copy of this order and forward the same to the respondents and on receipt of the same, the respondents shall consider the same and pass appropriate orders on merits and in accordance with law within a period of four months from the date of receipt of the copies of their representations.

6. With the above direction, these writ petitions are disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mvs.

To

1. The Land Acquisition Officer-cum- District Collector Kancheepuram District.

2. The Divisional Engineer (Highways) Projects Division - I No.110/A, GST Road Chromepet Chennai.

+1cc to Mr.A.C.Kumaragurubaran, Advocate, S.R.No.62142 +1cc to the Government Pleader, S.R.No.62348 W.P.Nos.33742 to 33744 of 2015 CA(CO) CA(24/11/2015)