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Madras High CourtWP/19957/2020disposed of

K.Balamurugan v. The Divisional Engineer

2020-12-23Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.Nos. 19957 and 19971 of 2020 K. Balamurugan ... Petitioner in W.P. No.19957/2020 M. Velavan ... Petitioner in W.P. No.19971/2020 v.

1. The Divisional Engineer, Chennai City Roads Division, Chennai - 600 015.

2. The Divisional Engineer, Highways Department, Chennai Metropolitan Development Plan, Division - IV, Chennai - 600 016.

3. The Divisional Engineer (H), CMDP Division - II, Saidapet, Chennai - 600 015.

4. The Assistant Divisional Engineer, Highways Department, Construction and Maintenance Office, Tambaram Sub Division, Chennai - 600 042.

5. The Assistant Engineer, Highways Department, Madavakkam, Chennai - 600 100.

6. The Special Deputy Collector, Land Acquisition, Tamil Nadu Urban Development Scheme (III), New Street, Super Bazaar, Commercial Complex, Alandur, Chennai - 600 016. ... Respondents in both Wps W.P. No. 19957/2020 : Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 6th respondent to forthwith take action in accordance with law on the representation of the petitioner dated 07.08.2018 with respect to the compensation payable to the acquisition of the petitioner's property measuring an extent of 137 sq.mtr. Comprised in Old Survey No.204 and as per Patta No.74, the Survey No.204/22 situated at Medavakkam Village, Tambaram Taluk, Chengalpet District, Chennai - 600 100.

W.P. No. 19971/2020 : Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 6th respondent to forthwith take action in accordance with law on the representation of the petitioner dated 07.08.2018 with respect to the compensation payable to the acquisition of the petitioner's property measuring an extent of 128 sq.mtr. Comprised in Survey No.415/37 and an extent of 130 sq.mts. comprised in Survey No.415/39 in total 258 sq.mtrs. situated at Medavakkam Village, Tambaram Taluk, Chengalpet District, Chennai - 600 100.

For Petitioners : Mr. Sankar Ramasamy For Respondents : Mr. V. Anandha Murthy Additional Government Pleader COMMON ORDER The petitioners have filed the above Writ Petitions to issue Writs of Mandamus directing the 6th respondent to forthwith take action in accordance with law on their representations dated 07.08.2018 with respect to the compensation payable to the acquisition of the petitioner's property measuring an extent of 137 sq.mtr. and 258 sq.mtrs. respectively situated at Medavakkam Village, Tambaram Taluk, Chengalpet District, Chennai - 600 100.

2. Mr. Sankar Ramasamy, learned counsel appearing for the petitioners submitted that though the petitioners have given their representations as early as on 07.08.2018, the 6th respondent has not passed any order sofar.

3. Mr. V. Anandha Murthy, learned Additional Government Pleader taking notice for the respondents submitted that the 6th respondent may be directed to consider the petitioners' representations dated 07.08.2018 and pass orders in accordance with law, within a time frame.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioners, without expressing any opinion with regard to the merits of the case, I direct the 6th respondent to consider the petitioners' representations dated 07.08.2018 on merits and in accordance with law, after giving opportunity of hearing to all the interested parties, within a period of three months from the date of receipt of a copy of this order. With these observations, the Writ Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

Rj To

1. The Divisional Engineer, Chennai City Roads Division, Chennai - 600 015.

2. The Divisional Engineer, Highways Department, Chennai Metropolitan Development Plan, Division - IV, Chennai - 600 016.

3. The Divisional Engineer (H), CMDP Division - II, Saidapet, Chennai - 600 015.

4. The Assistant Divisional Engineer, Highways Department, Construction and Maintenance Office, Tambaram Sub Division, Chennai - 600 042.

5. The Assistant Engineer, Highways Department, Madaakkam, Chennai - 600 100.

6. The Special Deputy Collector, Land Acquisition, Tamil Nadu Urban Development Scheme (III), New Street, Super Bazaar, Commercial Complex, Alandur, Chennai - 600 016.

+2ccs to Mr.Sankar, Advocate SR.No. 43116,43115 W.P.Nos. 19957 and 19971 of 2020 A.SK(18.01.2021)