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Madras High CourtWP/5395/2015disposed of

V.S.Muthumalai Nadar v. The Secretary To Government

2015-03-02Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2015 Coram The Hon'ble Mr. Justice M.DURAISWAMY W.P.No.5395 of 2015 and M.P.No.1 of 2015 V.S.Muthumalai Nadar ..

Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, Highways Department, Secretariat, Fort St.George, Chennai-600 009 2.The District Collector, Kancheepuram District, Kan cheepuram 3.The Highways Rural Development Corporation, rep.by its Special Tahsildar, Land Acquisition, Inner Ring Road, Chrompet, Chennai-600 044 ... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the second respondent to issue the fresh notification under the Tamil Nadu Highways Act, 2001 to acquire the petitioner's property situated at Kilambakkam Village, Urapakkam Panchayat, Kancheepuram District comprised in Survey No.161/1C1A2 measuring an extent of 1,860 square feet bearing Patta No.636 and to pay the compensation by fixing the present market value of the petitioner's property as per the petitioner's representation dated 31.01.2015.

For Petitioner ..

Mr.M.Thamizhavel For Respondents .. Mr.RM.Muthukumar,G.A.

ORDER

The petitioner has filed the above writ petition seeking a writ of mandamus to direct the second respondent to issue fresh notification under the Tamil Nadu Highways Act, 2001 to acquire his property situated at Kilambakkam Village, Urapakkam Panchayat, Kancheepuram District, comprised in Survey No.161/1C1A2, measuring an https://hcservices.ecourts.gov.in/hcservices/

extent of 1,860 square feet bearing Patta No.636 and to pay the compensation by fixing the present market value as per his representation dated 31.01.2015

2. Mr.RM.Muthukumar, learned Government Advocate takes notice for the respondents and submitted that the second respondent may be directed to dispose of the representation of the petitioner on merits and in accordance with law, within a stipulated time.

3. According to the petitioner, he sent a representation dated 31.1.2015 to the second respondent and the third respondent, who also acknowledged the same, however, they have not considered the same till this date.

4. Having regard to the submissions made by the learned counsel on either side and taking into account the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the second respondent to consider the representation of the petitioner, dated 31.1.2015 and dispose of the same on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above observation. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar Dated:9.3.15 True Copy Sub Assistant Registrar To 1.The Secretary to Government of Tamil Nadu, Highways Department, Secretariat, Fort St.George, Chennai-600 009 2.The District Collector, Kancheepuram District, Kan cheepuram 3.The Special Tahsildar, The Highways Rural Development Corporation, Land Acquisition, Inner Ring Road,Chrompet, Chennai-600 044 +1 cc to Government Pleader,SR.11570 +1 cc to Mr.M.Thamizhavel, Advocate,SR.11332. pa(co) krd 12/3 W.P.No.5395 of 2015 https://hcservices.ecourts.gov.in/hcservices/