T.Balakrishnan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.23845 of 2022 and W.M.P.No. 22830 of 2022 T. Balakrishnan ..Petitioner
Versus
1. The District Collector Thiruvallur District.
Thiruvallur.
2. The District Revenue Officer Thiruvallur District.
Thiruvallur.
3. Tahsildar Avadi, Thiruvallur District.
Thiruvallur.
4. The Principal Secretary to Government Highways and Minor Ports Department Fort St. George Chennai - 600 009.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to furnish the copy of the Award No. 05 of 2021, dated 10.08.2021 in the
proceeding No.3957/2014/F1, dated 02.02.2021. For Petitioner : Mr.A. Prabhakara Reddy For Respondents : Mr.Yogesh Kannadasan Special Government Pleader ---
ORDER
This writ petition is filed seeking for a direction to the second respondent/District Revenue Officer to furnish the copy of the Award No. 05 of 2021, dated 10.08.2021 in the proceeding No.3957/2014/F1, dated 02.02.2021.
2. According to the petitioner, he is the absolute owner of the property comprised in S.Nos.403 and 404 and now T.S.No.49 Part of Thandarai (Pattabiram) Village, Avadi Taluk, Thiruvallur District. Subsequently, the property was acquired by the second respondent/District Revenue Officer for the purpose of construction of Railway over-bridge under the provisions of the Tamil Nadu Highways Act, 2001 vide proceedings in Na.Ka.No.3957/2014/F1, dated 13.01.2021 and the Award No.05 of 2021, dated 10.08.2021 was passed for a sum of Rs.41,73,503/- as total compensation and the same is very meagre. However, the second
respondent has not furnished a copy of the award passed by the second respondent to the petitioner herein. In this regard, on 25.06.2021, he made a representation to the second respondent to furnish him with a copy of the award and refer the matter for enhancement of compensation. But, the respondents have not taken any steps and therefore, the petitioner has come forward with the present writ petition.
3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the second respondent to furnish a copy of the Award No.05 of 2021, dated 10.08.2021 and refer the matter for enhancement of compensation based on the proceedings No.3957/2014/P1, dated 02.02.2021.
4. The learned Special Government Pleader appearing for the respondents submitted that there is no legal impediment to furnish a copy of the Award No.05 of 2021, dated 10.08.2021 and if the petitioner is making any representation before the second respondent, the same will be considered in accordance with law.
5. Having regard to the limited scope of the prayer that is now
sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation in the present writ petition, the Writ Petition is disposed of, with a direction to the second respondent/District Revenue Officer to furnish a copy of the Award No.05 of 2021, dated 10.08.2021 to the petitioner herein and pass appropriate orders, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. 06.09.2022 Index:Yes / No Speaking / Non-Speaking order msm To
1. The District Collector Thiruvallur District, Thiruvallur.
2. The District Revenue Officer Thiruvallur District, Thiruvallur.
3. Tahsildar Avadi, Thiruvallur District.
Thiruvallur.
4. The Principal Secretary to Government Highways and Minor Ports Department Fort St. George, Chennai - 600 009.
M. DHANDAPANI, J.
msm W.P.No.23845 of 2022 06.09.2022