R.Mohan Ayyar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Mohan Ayyar ... Petitioner vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, The Revenue Department, Fort St. George, Chennai - 600 009.
2.The District Collector, Chennai District Collectorate, "MaSingaravelar Maligai", Rajaji Salai, Chennai - 600 001.
3.The Special District Revenue Officer (Land Acquisition), Highway Department, Metropolitan Wing, Alandur, Chennai - 600 016.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd Respondents 1/5
herein to refer the Petitioner claim to the concerned authority for determination of appropriate compensation for acquisition of the Petitioner's land at East Coast Road, Neelankarai, Chennai - 600 115, measuring an extent of 164 Square Meter in Survey No.89/1 and an extent of 158 in Survey No.47/5A4 by fixing a time frame for determination and disposal of the Petitioner's claim for higher compensation before the Authority Constituted, in view of the Petitioner's Representations dated 05.12.2021 and 06.04.2023 respectively in accordance with law. For Petitioner : Mr.J.Ashok For Respondents : Mr.A.Selvendran Special Government Pleader
O R D E R
The petitioner herein seeks a direction to respondents 1 and 2 to refer the petitioner's claim for determination of appropriate compensation to the competent authority by considering his representations dated 05.12.2021 and 06.04.2023.
2. It is the case of the petitioner that the land belongs to him has been acquired by the respondents for widening East Coast Road. The copy of the 2/5
award fixing the compensation was received by him in the month of November, 2021. The petitioner, not satisfied with the quantum of compensation, submitted representations on 05.12.2021, 14.02.2022 and 06.04.2023 seeking higher compensation by referring the matter to the competent authority and the said representations have not been considered by the respondents and hence, the petitioner is before this Court.
3. Mr.A.Selvendran, learned Special Government Pleader, takes notice for the respondents.
4. Though the petitioner seeks a positive direction to the respondents to refer the matter to competent authority for considering the claim of the petitioner seeking higher compensation, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 3rd respondent to forward the representations submitted by the petitioner's dated 05.12.2021 to 2nd respondent for consideration. The 2nd respondent shall consider the representations of the petitioner's dated 05.12.2021 and pass orders on its' own merits within a period of six weeks from the date of receipt of copy of this order.
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5. With the above directions, these writ petitions are disposed of. No costs.
19.08.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Secretary to Government, State of Tamil Nadu, The Revenue Department, Fort St. George, Chennai - 600 009.
2.The District Collector, Chennai District Collectorate, "MaSingaravelar Maligai", Rajaji Salai, Chennai - 600 001.
3.The Special District Revenue Officer (Land Acquisition), Highway Department, Metropolitan Wing, Alandur, Chennai - 600 016.
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S.SOUNTHAR, J.
dm 19.08.2024 5/5