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Madras High CourtWP/25909/2021disposed of

A.Paulraj v. The District Collector,

2021-12-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.25909 of 2021 A.Paulraj

...Petitioner

Vs

1. The District Collector, Dharmapuri.

2. The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways-844, Hosur-Royakottai Dharmapuri Section, Dharmapuri.

3. The Special Tahsildar, (Land Acquisition) NH No.844 Office, Unit-1, Dharmapuri.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to consider the claim petition filed by the petitioner and the representation dated 22.11.2021 by the petitioner claiming enhancement of compensation in respect of the lands of an extent of 893 square meters in Survey No.2/1B2 pursuant to the order dated 27.08.2020 in Roc.No.13/2018/LA of the second respondent herein.

For Petitioner : M/s.AL.Ganthimathi For Respondents : Mr.C.Kathiravan Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the first respondent herein to consider the claim petition filed by the petitioner and the representation dated 22.11.2021 by the petitioner claiming enhancement of compensation in respect of the lands of an extent of 893 square meters comprised in Survey No.2/1B2, pursuant to the order dated 27.08.2020 in Roc.No.13/2018/LA of the second respondent herein. 2.The petitioner owned the land comprised in Survey No.2/1B2, measuring an extent of 893 sq.mts situated at Selliampatti Village, Palacode Taluk, Dharmapuri District. The petitioner had created a Trust in the name of Arokya Annai Trust https://hcservices.ecourts.gov.in/hcservices/

and also running it in the name of St.Arokya Annai School. While that being so, the second respondent proposed to acquire the subject land to an extent of 893 sq.mts in S.No.2/1B2 for the purpose of Building Maintenance, Management and Operation of the National Highways No.844 and necessary proposals have also been published. After raising objections, the subject lands were acquired and award was passed on 27.08.2020. On receipt of the said award, the petitioner received compensation with protest and immediately, the petitioner filed a petition for enhancement of compensation before the first respondent. However, it has not been taken into consideration even till today.

3. Considering the above facts and circumstances of this case, the first respondent is directed to consider the claim petition made by the petitioner and his representation dated 22.11.2021, after issuance of notice to the petitioner and counter parties, if any and after giving opportunity of hearing to them, pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar kv To

1. The District Collector, Dharmapuri.

2. The Competent Authority and Special District Revenue Officer, (Land Acquisition), National Highways-844, Hosur-Royakottai Dharmapuri Section, Dharmapuri.

3. The Special Tahsildar, (Land Acquisition) NH No.844 Office, Unit-1, Dharmapuri.

+1cc to Mr.A.L.Ganthimathi, Advocate, S.R.No.64560 +1cc to the Government Pleader, S.R.No.64827 W.P.No.25909 of 2021 (CO) RGA(22/12/2021) https://hcservices.ecourts.gov.in/hcservices/