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Madras High CourtWP/14870/2018disposed of

R.Gunasekaran, v. The District Collector /

2018-06-21Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.14870 of 2018 R.Gunasekaran ..Petitioner Vs

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

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

..Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, to direct the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 31.05.2018 within a stipulated time.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.Akhil Akbar Ali Government Advocate

ORDER

Mr.Akhil Akbar Ali, learned Government Advocate takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal.

2. The petitioner has come up with this writ petition for issuance of a writ of Mandamus to direct the first respondent to consider and pass orders on the written representation of the petitioner dated 31.05.2018, within a stipulated time.

3. According to the petitioner, his land was acquired under the provisions of National Highways Act for widening NH 45-C in the year 2015 and an award was passed under the provisions of National Highways Act. However the representation submitted to the respondents seeking reference under Section 51 was not https://hcservices.ecourts.gov.in/hcservices/

considered, hence, the present writ petition.

4. The learned Counsel for the petitioner submitted that it would suffice, if a direction is issued to the first respondent to pass orders on the representation of the petitioner.

5. The learned Government Advocate submitted that the first respondent/District Collector/Arbitrator is ready to consider the representation of the petitioner in accordance with law.

6. In the light of the limited scope of prayer sought in this writ petition and the submissions made by the learned Counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 31.05.2018 and pass orders on merits and in accordance with law, after providing an opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar msrm 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 Mr.C. Prakasam, Advocate sr 39707.

+1 CC to Govt. Pleader sr 39575.

W.P.No.14870 of 2018 SP(05/07/2018) https://hcservices.ecourts.gov.in/hcservices/