B.Saraswathi, v. The Special Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.17071 of 2018 B.Saraswathi ..Petitioner Vs

1. The Special Thasildar (Land Acquisition), National Highways, Poonamallee, Tiruvallore District.

2. The Project Director, The National Highways Authority of India, No.1/54-28, Butt Road, Near Kathipara Junction, St. Thomas Mount, Chennai - 600 016.

..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 the petitioner's representation dated 29.06.2018.

For Petitioner : M/s.M.Saravana Kumar For Respondents: Mr.Akhil Akbar Ali, G.A., for R1 Ms.S.R.Sumathy, for R2

ORDER

Mr.Akhil Akbar Ali, learned Government Advocate takes notice for the first respondent and Ms.S.R.Sumathy, learned Standing Counsel takes notice for the second respondent. By consent of the learned counsel appearing for the parties, the writ petition is taken up for final hearing.

2. According to the petitioner, the land in Survey No.13/114 in Nallur Village, measuring an extent of 5.83 acres was originally belonged to the her father Janardanan. The petitioner became the absolute owner of the land measuring an extent of 61 cents, in Survey No.13/1C1A, by release deed, dated 20.05.2016, registered as Document No.4208 of 2016 on the file of the Sub Registrar, Red Hills.

3. The grievance of the petitioner is that the respondents had acquired total extent of 1423 sq.mt. in the said survey number, but compensation was paid only for 500 sq.mt. The representation sent in this regard was not considered. Hence, the present petition.

4. The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the first https://hcservices.ecourts.gov.in/hcservices/

respondent to consider the representation of the petitioner.

5. The learned Government Advocate submitted that the petitioner's grievance can only be considered by the Special District Revenue Officer (Land Acquisition), Poonamallee, but no representation was given to him and if a fresh representation is given to him, the same would be considered in accordance with law.

6. The learned counsel for the petitioner submitted that the petitioner is ready to given fresh representation to the concerned authority and he may be directed to pass orders in accordance with law.

7. Considering the prayer sought for in this writ petition and the submissions made by the learned counsels on either side, this Court directs the petitioner to give fresh representation to the Special District Revenue Officer (Land Acquisition), Poonamallee, within a period of two weeks from the date of receipt of a copy of this order, by enclosing a copy of this order. On such compliance, the said officer shall consider the same and pass appropriate orders on merits and in accordance with law, within a period of six weeks therefrom.

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

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To

1. The Special Thasildar (Land Acquisition), National Highways, Poonamallee, Tiruvallore District.

2. The Project Director, The National Highways Authority of India, No.1/54-28, Butt Road, Near Kathipara Junction, St. Thomas Mount, Chennai - 600 016.

+1cc to Mr.M.Saravanakumar, Advocate Sr.No.44265 +1cc to Government Pleader Sr.No.44901 EV(CO) sm:20.7.2018 W.P.No.17071 of 2018 https://hcservices.ecourts.gov.in/hcservices/