K. Shreenivasa Rao, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2015
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.36575 of 2015 K. Shreenivasa Rao [ Petitioner ] Vs 1 The District Collector Krishnagiri District Krishnagiri 2 The Special District Revenue Officer & Competent Authority (L.A NH-7& 46) Salem - Dharmapuri District at Krishnagiri, Krishnagiri.
3 The Project Director & General Manager (Technical) National Highways Authority of India (Ministry of Road Transport & Highways) 7-E 8th Cross Jakkappan Ngr, Krishnagiri.
[Respondents] Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the Respondents to make the Payment of Compensation to the Petitioner in respect of land comprised in S.No. 19/2 Kothapettah Village Krishnagiri Taluk & District to an extent of 1.92.0 hectare (4.74 acres ) taken over by Highways Department at the market rate to be arrived as on date as per law including consideration of loss of revenue through the land solatium etc. in the light of orders passed in A.S.No. 140 of 1995 dated 07.01.1997 on the file of Additional District judge Dharmapuri at Krishnagiri by considering the representations submited by the Petitioner dated 17.08.2015 and 04.11.2015 along with interest for the delay in payment within a time frame.
For Petitioner : Mr.G.Sankaran For Respondents : Mr.R.Lakshminarayanan, AGP
O R D E R
Heard the learned counsel appearing for the petitioner and Mr.R.Lakshminarayanan, learned Additional Government Pleader,
who took notice for the respondents and with their consent, the main writ petition itself is taken up for disposal. 2.The writ petition has been filed under Article 226 of the Constitution of India seeking a direction to the respondents to make the payment of Compensation to the petitioner in respect of land comprised in S.No.19/2, Kothapettah Village, Krishnagiri Taluk and District to an extent of 1.92.0 hectare (4.74 acres ) taken over by Highways Department at the market rate to be arrived as on date, as per law including consideration of loss of revenue through the land solatium etc. in the light of orders passed in A.S.No. 140 of 1995 dated 07.01.1997 on the file of Additional District judge. Dharmapuri at Krishnagiri by considering the representations submitted by the petitioner dated 17.08.2015 and 04.11.2015 along with interest for the delay in payment within a time frame.
3. Though the petitioner has prayed for a larger relief, since the representations of the petitioner dated 17.08.2015 and 04.11.2015 with regard to payment of compensation in respect of the lands in question are pending consideration before the 1st respondent, this Court is of the view that it would suffice if a direction is given to the 1st respondent to dispose of the representations of the petitioner within a time frame.
4. In view of the above, without going into the merits of the matter, the 1st respondent is directed to consider the representations of the petitioner dated 17.08.2015 and 04.11.2015 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
The writ petition is disposed of with the above direction. No costs.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar rg To 1 The District Collector Krishnagiri District Krishnagiri 2 The Special District Revenue Officer & Competent Authority (L.A NH-7& 46) Salem - Dharmapuri District at Krishnagiri, Krishnagiri.
3 The Project Director & General Manager (Technical) National Highways Authority of India (Ministry of Road Transport & Highways) 7-E 8th Cross Jakkappan Ngr, Krishnagiri.
+1 cc to G.Sankaran, Advocate, sr.62080 +1 cc to Government Pleader, sr.62625 W.P.No.36575 of 2015 ar iv kra 24.11.2015