Murugesan v. The Arbitrator Cum District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Murugesan ...

Petitioner versus 1.The Arbitrator cum District Collector, Office of the District Collectorate, Dharmapuri District.

2.The Competent Authority cum DRO, National Highway No.844, Dharmapuri.

3.The Special Tahsildar, National Highway No.844, Dharmapuri.

4.The National Highways Authority of India, Represented by its Project Director (NH 844), PIU - Krishnagiri, 259/1, Salem Main Road, Near KAKC Petrol Bunk, Krishnagiri.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 08.06.2024, by revisit and re-survey the 1/5

overall land acquired in S.Nos.206/1 & 206/2 situated at Jittandahalli Village, Palacode Taluk, Dharmapuri District. For Petitioner :

Mr.J.Ramesh For Respondent Nos.1 to 3 :

Mr.P.Ganesan Additional Government Pleader For Respondent No.4 :

Mrs.S.R.Sumathy

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the respondents to consider the petitioner's representation dated 08.06.2024, by revisiting and re-surveying the overall land acquired in S.Nos.206/1 & 206/2 situated at Jittandahalli Village, Palacode Taluk, Dharmapuri District. 3.

Heard the learned counsel for the petitioner, learned Additional Government Pleader for the respondents 1 to 3, learned counsel for the fourth respondent and perused the materials available on record. 2/5

4.

It is the grievance of the petitioner that originally the National Highways issued a Notification only in respect of 1366 sq.mtrs. of the petitioner's land. However, now excess land of 264 sq.mtrs. was also taken by them. Hence, in this regard, the petitioner has given a representation dated 08.06.2024, to resurvey the overall land acquired in Survey Nos.206/1 and 206/2 and to find out the excess land taken over by them. 5.

In such view of the matter, the respondents shall consider the petitioner's representation 08.06.2024 and to resurvey the overall land in Survey Nos.206/1 and 206/2 in the presence of the petitioner and pass an order on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. If the excess land has been taken possession by the authorities, the same shall be dealt with as per law for paying the necessary compensation. In the event, the excess land has not been taken, the petitioner is not entitled to any relief. 3/5

6.

With the above direction, this Writ Petition is disposed of. No costs.

15.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The Arbitrator cum District Collector, Office of the District Collectorate, Dharmapuri District.

2.The Competent Authority cum DRO, National Highway No.844, Dharmapuri.

3.The Special Tahsildar, National Highway No.844, Dharmapuri.

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N.SATHISH KUMAR , J.

sri 15.07.2024 5/5