M.K.Dhanasekaran, v. The Secretary To Thegovernment

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 19076 of 2018 M.K.Dhanasekaran ... Petitioner Vs

1. The Secretary to Government, Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.

2. The Inspector General of Registration, No.100, Santhome High Road,

3. The Special Commissioner and Commissioner of Revenue Administration,

4. The Special Commissioner and

5. The Joint Commissioner (Land Acquisition),

6. The Special Tahsildar, (Land Acquisition), Tamil Nadu Highway Development Scheme-II, Greenways Road,

7. The District Sub-Registrar, Chengalpattu, Kanchipuram Dt.-603 002.

8. The Sub-Registrar-I, Sub-Registrar Office, Chengalpattu, Kanchipuram Dt.-603 002.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd, 3rd, 4th and 5th respondents to fix the guideline value of Rs.3,230/- per square meter in Main Survey No.14 and its subdivisions in Thunjam Village, Thirukazhukundram Taluk, Kanchipuram District within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.M.Dharanidharan For Respondents : Mr.D.Raja, Addl. Government Pleader for R-1, R-3, R-4, R-5 & R-6 Mr.T.M.Pappaiah Special Government Pleader for R-2, R-7 & R-8

O R D E R

This Writ Petition has been filed seeking for a direction directing the respondents 2 to 5 to fix the guideline value for the petitioner's property at the rate of Rs.3230/- per square metre in main Survey No.14 and its sub-divisions in Thunjam Village, Thirukazhukundram Taluk, Kanchipuram District.

2. The grievance of the petitioner is that the petitioner's land was acquired by the State Highways department for the purpose of developing infrastructure and widening the State Highways road No.SH.58, under Sathurangapatnam to Chengalpattu road development Scheme. While passing the award, the value of the petitioner's land was fixed at Rs.840/- per square metre as per the guideline value fixed by the respondents 2 to 5. Whereas, for the neighbouring lands, the guideline value was fixed at Rs.3,230/- per square metre without any reason whatsoever. While passing the award, the Acquisition Officer has also stated that the guideline value has been unequally fixed. In the said circumstances, the petitioner has sent a representation dated 09.07.2018 to the respondents requesting to refix the guideline value at Rs.3,230/- per square metre instead of Rs.840/- per square metre, but so far no order has been passed in the representation. Hence, the petitioner has filed the present Writ Petition.

3. Mr.T.M.Pappaiah, learned counsel appearing for the respondents 2, 7 and 8 has submitted that already the petitioner's representation is pending with the 1st respondent and now, the Committee is constituted and the Committee will consider the petitioner's representation and pass suitable orders.

4. On considering the fact that the representation of the petitioner is pending, the 1st respondent is directed to refer the same to the Committee, and consequently, the Committee is directed to consider the petitioner's representation and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner within a period of twelve weeks from the date of receipt of the copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar rpp To

1. The Secretary to Government, Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai-600 009.

2. The Inspector General of Registration, No.100, Santhome High Road,

3. The Special Commissioner and Commissioner of Revenue Administration,

4. The Special Commissioner and

5. The Joint Commissioner (Land Acquisition),

6. The Special Tahsildar, (Land Acquisition), Tamil Nadu Highway Development Scheme-II, Greenways Road,

7. The District Sub-Registrar, Chengalpattu, Kanchipuram Dt.-603 002.

8. The Sub-Registrar-I, Sub-Registrar Office, Kanchipuram Highway Road, Chengalpattu, Kanchipuram Dt.-603 002.

+2 CCS to Mr.M.Dharanidharan, Advocate sr 66179. +1 CC to Govt. Pleader sr 67096, 67098.

W.P. 19076 of 2018 SV(CO) SP(22/11/2018)