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Madras High CourtWP/28288/2025disposed of

Palanathal v. The Government Of Tamilnadu

2025-08-05Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.31697 of 2025 Palanathal Petitioner(s) Vs 1.The Government of Tamilnadu, Rep. By its Secretary, Highways and Minor Ports Department, Fort St. George, Chennai-600 009.

2.The Special District Revenue Officer, (Land Acquisition) Highways, Coimbatore-18.

3.The Special District Revenue Officer, (Land Acquisition), Tamil Nadu Road Sector Project-II.

Salem-636 005.

4.A.Marimuthu Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the official respondents, particularly the 2nd respondent to consider petitioner's representation dated 02.07.2025 and to disburse the compensation amount equally among all all lawful owners of Survey No.1460/2 at Suriyanallur Village, Dharapuram Taluk, Tiruppur District, including the petitioner.

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For Petitioner(s) : Mr.K.V.Muthu Visakan For Respondent(s) : Mr.A.Selvendran 1 to 3 Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to 4th Respondent is dispensed with.

2. The present writ petition is filed praying for a writ of Mandamus to direct the 2nd respondent to consider petitioner's representation dated 02.07.2025 and to disburse the compensation amount equally among the lawful owners of the property comprised in Survey No.1460/2 including the petitioner.

3. It is submitted by the learned counsel for petitioner that pursuant to the Lok Adalat Award dated 14.12.2024 passed in O.S.No.42 of 2007 on the file of Sub-Court, Dharapuram, land comprised in Survey No.1460/2 was sub-divided and the petitioner along with other co-owners were allotted with the land comprised in Survey No.1460/2B2B situated at Suriyanallur Village, Dharapuram Taluk, Tiruppur District. Thereafter, petitioner submitted a representation to the 2nd respondent on 02.07.2025 seeking equitable disbursal of 2/6

the compensation amount to the owners in respect of the aforesaid land. It is further stated that the aforesaid representation has not been considered by the respondents till date. Aggrieved, petitioner has come before this Court.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that they would consider petitioner's representation after issuing notice to petitioner, 4th respondent and any other interested party and after affording them a reasonable opportunity of hearing within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

5. In view thereof, the writ petition stands disposed of with the following directions;

i) The respondents shall consider the representation dated 02.07.2025. in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, 4th respondent and all other interested parties including rival claimants, if any.

ii) Though facts have been set out extensively in the affidavit, this court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry, if any, while considering the representation 3/6

dated 02.07.2025.

iii) The entire process shall be completed within a period of 16 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner, 4th respondent and all other interested parties are left open. No costs. Consequently, connected miscellaneous petition is closed. 05.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:

1.The Secretary, Highways 4/6

and Minor Ports Department, Fort St. George, Chennai-600 009.

2.The Special District Revenue Officer, (Land Acquisition) Highways, Coimbatore-18.

3.The Special District Revenue Officer, (Land Acquisition), Tamil Nadu Road Sector Project-II.

Salem-636 005.

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MOHAMMED SHAFFIQ, J.

mka 05.08.2025 6/6