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Madras High CourtWP/29073/2023disposed of

R.Mohanasundaram v. The District Collector

2023-11-01Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.11.2023

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No.29073 of 2023 and W.M.P.No.28660 of 2023

1. R.Mohanasundaram

2. R.Mahalingam .. Petitioners

Versus

1. The District Collector, Cuddalore District, Cuddalore - 607 001.

2. The Special Tahsildar (Land Acquisition) Tamil Nadu Road Sector Project, Vridhachalam, since shifted to The District Revenue Officer, Collectorate of Cuddalore, Cuddalore District - 607 001.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to refer the dispute along with the Award passed by the respondents in Award No.5 of 2009 in fixing correct market value to the competent Civil Court as per Section 20(1) of Tamil Nadu Highways Act 2001 in respect of petitioners' acquired land measuring 0.00.93 Ares comprised in Survey No.35/4B, the land measuring an extent of 0.18.50 Ares comprised in Survey No.80/4A2, the land 1/4

measuring an extent of 0.05.00 Ares comprised in Survey No.80/4B, the land measuring an extent of 0.17.50 Ares comprised in Survey No.89/2, the land measuring an extent of 0.09.00 Ares comprised in Survey No.87/1B, the land measuring an extent of 0.31.00 Ares comprised in Survey No.184/2B, the land measuring an extent of 0.15.00 Ares comprised in Survey No.186/2B, the land measuring an extent of 0.08.50 Ares comprised in Survey No.84/8, and the land measuring an extent of 0.12.50 Ares comprised in Survey No.87/4B in all measuring 1 Hectare 17.93 Ares at C-Thandeswaranallur Village, Chidamabaram Taluk, Cuddalore District by considering legal representation of the petitioners' sent to the first respondent on 12.02.2018 by registered post and subsequent representation sent to the respondents on 13.09.2023, who had failed to consider the earlier representation dated 12.02.2018. For Petitioners : Mr.M.Venugopal For Respondents : Mr.V.Veluchamy, Additional Government Pleader ******

O R D E R

This writ petition has been filed to consider the petitioners' representation dated 12.02.2018 sent to the first respondent and subsequent representation dated 13.09.2023 seeking to refer the dispute to the Civil Court in respect to the Award No.5 of 2009.

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Considering the limited prayer sought for in this writ petition, without going into the merits of the case, the respondents are directed to consider the petitioners' representation dated 12.02.2018 sent to the first respondent and subsequent representation dated 13.09.2023 and dispose of the same on merits in accordance with law within a period of six months from the date of receipt of a copy of this order.

With the above directions, this writ petition stands disposed of. The miscellaneous petition is ordered on payment of separate court fee. No costs.

01.11.2023 Index: Yes/No cgi To

1. The District Collector, Cuddalore District, Cuddalore - 607 001.

2. The Special Tahsildar (Land Acquisition) Tamil Nadu Road Sector Project, Vridhachalam, since shifted to The District Revenue Officer, Collectorate of Cuddalore, Cuddalore District - 607 001.

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P.VELMURUGAN, J., cgi W.P.No.29073 of 2023 and W.M.P.No.28660 of 2023 01.11.2023 4/4