S.Rajamani v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.s 19420 & 19421 of 2018 W.P.19420 of 2018 S.Rajamani ... Petitioner Vs.
1. The District Collector, Kancheepuram District, Kancheepuram.
2. The Special Deputy Tahsildar, IT Corridor, Expressway, Tambaram.
3. The Special Tahsildar, Sriperumbudur, Kancheepuram District.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to pass orders on the petitioner's application dated 03.12.2009 u/s.20 of the Tamil Nadu National Highways Act, 2001 and reply dated 23.01.2015 from 2nd respondent seeking reference to court for deciding about the enhancement of compensation granted in Award No.12/2009 dated 30.09.2009 on the file of the 1st respondent within the time limit as may be stipulated by this Hon'ble Court. W.P.19421 of 2018 R.Rathinam ... Petitioner Vs.
1. The District Collector, Kancheepuram District, Kancheepuram.
2. The Special Deputy Tahsildar, IT Corridor, Expressway, Tambaram.
3. The Special Tahsildar, Sriperumbudur, Kancheepuram District.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to pass orders on the petitioner's application dated 03.12.2009 u/s.20 of the Tamil Nadu National Highways Act, 2001 and reply dated 23.01.2015 from 2nd respondent seeking reference to court for deciding about the enhancement of compensation granted in Award No.12/2009 dated 30.09.2009 on the file of the 1st respondent within the time limit as may be stipulated by this Hon'ble Court. For Petitioner : Mr.D.Shivakumaran For Respondents : Mr.D.Raja, Addl. Government Pleader
O R D E R
These Writ Petitions have been filed seeking a direction to the 1st respondent to refer the award passed in favour of the petitioner under Sec.20 of the Tamil Nadu Highways Act.
2. According to the petitioners, the petitioners' lands were sought to be acquired by the respondents for forming six lane road at Old Mahabalipuram Road between Chennai and Mahabalipuram. Subsequently, an award has been passed on 30.09.20019. Thereafter, Sec.12(2) notification was received by the petitioner on 06.11.2009. Subsequently, the petitioners have submitted their applications before the 2nd respondent on 03.12.2009 seeking for enhancement. So far, no order has been passed in the application of the petitioners. Hence, the present Writ Petitions have been filed by the petitioners.
3. On considering the fact the the petitioners' applications dated 03.12.2009 filed under Sec.20 of the Tamil Nadu National Highways Act is pending with the 1st respondent, the 1st respondent is directed to consider the petitioners' applications and pass suitable orders on merits and in accordance with law within a period of six weeks from the date of receipt of the copy of this order. With the said direction, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpp
To 1.The District Collector, Kancheepuram District, Kancheepuram.
2.The Special Deputy Tahsildar, IT Corridor, Expressway, Tambaram.
3.The Special Tahsildar, Sriperumbudur, Kancheepuram District.
+4ccs to Mr.D.Shivakumaran, Advocate, S.R.No.3486 and 3338 +1cc to the Government Pleader, S.R.No.3967 W.P.s 19420 & 19421 of 2018 KS(CO) rrs 27/02/2019