C.Natarajan v. District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.08.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P.Nos.22375, 22376 &22378 of 2024 and W.M.P.Nos.24366, 24367 & 24368 of 2024 C.Natarajan
...Petitioner in W.P.No. 22375 of 2024
Chinnasamy
...Petitioner in W.P.No. 22376 of 2024
R.Easwaramurthy
...Petitioner in W.P.No. 22378 of 2024
Vs.
District Revenue Officer District Collectorate, Erode, Erode District.
..Respondents in all W.P.'s PRAYER in W.P.No. 22375 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order dated 27.03.2024 passed by the respondent in Letter No.Na.Ka.24314/2021/B1 and quash the same and consequentially direct the respondent to make reference to the competent Civil Court for a redetermination of the compensation amount . PRAYER in W.P.No. 22376 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order dated 27.03.2024 passed by the respondent in Letter No.Na.Ka.24314/2021/B1 and quash the 1/5
same and consequentially direct the respondent to make reference to the competent Civil Court for a redetermination of the compensation amount. PRAYER in W.P.No. 22378 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order dated 27.03.2024 passed by the respondent in Letter No.Na.Ka.24314/2021/B1 and quash the same and consequentially direct the respondent to make reference to the competent Civil Court for a redetermination of the compensation amount . For Petitioner in all W.P.'s : Mr.J.Titus Enock For Respondent in all W.P's : Mr.A.Selvendran Additional Government Pleader COMMON O R D E R Aggrieved by the order refusing the request of the petitioners to refer the matter for enhancement of the compensation, the petitioners have come before this Court by way of writ petitions.
2. According to the petitioners, their land was acquired for the purpose of Ring Road of Erode and the compensation for the lands acquired were fixed by the respondent and not satisfied with the quantum of compensation, the petitioners submitted applications seeking reference to Court for enhancement 2/5
of the compensation on 15.09.2021.
3. Since no reference was made as per the request made by the petitioners, they submitted a representation on 13.02.2024 seeking reference to the Court for enhancement of the compensation. The representation of the petitioners were considered and impugned order was passed by the respondent negativing the request on the ground that petitioners failed to seek reference within a time allowed under Section 20 of Highways Act. In the impugned order, it is also stated that the applications allegedly submitted by the petitioners dated 15.09.2021 is not available in the records.
4. The petitioners are unable to produce any material that they submitted applications seeking enhancement of the compensation before the respondent on 15.09.2021. Though the copy of the alleged applications filed by the petitioners are included in the typed set of papers, the petitioners have not produced any acknowledgement for having submitted the same before the respondent. In the absence of any material to show that petitioners made a request seeking enhancement within 60 days from the date of award, the 3/5
present representation made by the petitioners in the year 2024 beyond the period of limitation cannot be considered. Accordingly, the respondent rejected the request made by the petitioners seeking reference to court. I do not find any illegality in the impugned order passed by the respondent and accordingly, the writ petitions are dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. 07.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To District Revenue Officer District Collectorate, Erode, Erode District.
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S.SOUNTHAR , J.
nr W.P.Nos.22375, 22376 &22378 of 2024 and W.M.P.Nos.24366, 24367 & 24368 of 2024 07.08.2024 5/5