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Madras High CourtWP/21743/2023allowed

Y.Shoba Kumari v. The Special District Revenue Officer (La)

2023-08-03Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Y.Shoba Kumari

...Petitioner in W.P.No.21743 of 2023

Y.Thyagarajan

...Petitioner in W.P.No.21745 of 2023

Vs.

1.The Special District Revenue Officer (LA), (Chennai Kanyakumari Industrial Road Project), Kanchipuram Unit, No.43 - Gandhi Nagar, IInd Street, Kanchipuram 631 502.

2.The Special Tahsildar (L.A.), (Chennai Kanyakumari Industrial Road Project), Kanchipuram Unit, No.43 - Gandhi Nagar, IInd Street, Kanchipuram - 631 502 ..Respondents in both W.Ps.

Prayer in W.P.No.21743 of 2023 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to make the reference under section 20 of the Tamil Nadu State High Ways Act in respect of lands in S.No.219/2B2 in Sevilimedu Village Accounts, Kanchipuram Taluk and District covered under Award No.106/2021 S.H.No.58/1 Dt.24.08.2021 in proceedings No.Na.Ka. 1/5

No.781/A2/ 2019(27) to a competent Civil Court / District Court Kanchipuram.

Prayer in W.P.No.21745 of 2023 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to make the reference under section 20 of the Tamil Nadu State High Ways Act in respect of lands in S.No.219/16B in Sevilimedu Village Accounts, Kanchipuram Taluk and District covered under Award No.106/2021 S.H.No.58/1 Dt.24.08.2021 in proceedings No.Na.Ka. No.781/A2/2019(35) to a competent Civil Court / District Court Kanchipuram.

For Petitioners in both W.Ps.

: Mr.T.Sathyamoorthy For Respondents in both W.Ps.

: Mr.D.Ravichander, Special Government Pleader COMMON ORDER The relief sought for in these writ petitions is to direct the respondents to make reference under section 20 of the Tamil Nadu State High Ways Act in respect of lands in S.No.219/2B2 & 219/16B in Sevilimedu Village Accounts, Kanchipuram Taluk and District covered under Award No.106/2021 S.H.No.58/1 Dt.24.08.2021 in proceedings Na.Ka.

No.781/A2/ 2019(27) and in proceedings 2/5

Na.Ka.No.781/A2/2019(35) to a competent Civil Court / District Court, Kanchipuram.

2. It is not in dispute that the lands belonged to the petitioners were acquired for the public projects. The award was passed on 24.08.2021. The petitioners have submitted their representations on 27.08.2021 seeking enhancement of compensation. Further reminders were also sent for the purpose of referring the applications submitted by the writ petitioners under section 20 for enhancement of compensation. The applications are kept pending without any valid reason.

3. This being the factum, the respondents are directed to refer the applications submitted by the petitioners under section 20 of the Tamil Nadu State High Ways Act within a period of four(4) weeks from the date of receipt of a copy of this Order.

4. With the above direction, the writ petitions stand allowed. No costs.

03.08.2023 nl Index: Yes/No Speaking Order/Non Speaking Order 3/5

To 1.The Special District Revenue Officer (LA), (Chennai Kanyakumari Industrial Road Project), Kanchipuram Unit, No.43 - Gandhi Nagar, IInd Street, Kanchipuram 631 502.

2.The Special Tahsildar (L.A.), (Chennai Kanyakumari Industrial Road Project), Kanchipuram Unit, No.43 - Gandhi Nagar, IInd Street, Kanchipuram - 631 502 4/5

S.M.SUBRAMANIAM, J.

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