V.Saraswathy v. The Regional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Saraswathy
...Petitioner
Vs 1.The Regional Officer, National Highways Authority India, Sri Towers, 3rd Floor, DP 34 (SP) Industrial Estate, Guindy, Chennai - 600 032.
2.The District Collector, Kancheepuram District, Kancheepuram.
3.The Special Thasildar, Land Acquisition, Unit - III, Mamallapuram - Puducherry Corridor, National Highways, Chengalpattu.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the appeal dated 14.09.2021 to acquire the said bits and pieces of the highly irregular shaped piece of land on the western side and eastern side of 1001 sq. ft. (21⁄4 cents) and 5737 sq. ft. (0.13 cents) respectively as 1/4
shown in the Land Sketch pertaining to the Vadapattinam Village, Cheyyur Taluk, Chengalpattu District and grant the compensation. For Petitioner : Ms.R.Aparna For R1 : Mr.Su.Srinivasan, Standing Counsel For R2 & R3 : Mr.V.Veluchamy, Additional Government Pleader
ORDER
With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The prayer in the appeal petition dated 14.09.2021 has no nexus with the ground raised in the present Writ Petition. As per the petition dated 14.09.2021, the petitioner is aggrieved against the award of compensation amount, whereas the cause of action admitted to have been raised in the present Writ Petition pertains to request the respondents to acquire the left out portions of the petitioner's property, which according to them, is irregular and can be put to no use. 2/4
3. Admittedly, there is no provision in the Act to compel the respondents to acquire such left out portions. Nevertheless, if the petitioner is of the view that the respondents can take a sympathetic view on the status of the land, which cannot be put to any useful purpose, liberty is hereby granted to make a representation ventilating her grievances.
4. In the light of the above observations, the petitioner herein is granted liberty to make a fresh representation to the respondents ventilating her grievances and on receipt of the same, the respondents shall consider it on its own merits and in accordance with law, as expeditiously as possible. Accordingly, the Writ Petition stands disposed of. No costs.
13.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4
M.S.RAMESH,J.
hvk To 1.The Regional Officer, National Highways Authority India, Sri Towers, 3rd Floor, DP 34 (SP) Industrial Estate, Guindy, Chennai - 600 032.
2.The District Collector, Kancheepuram District, Kancheepuram.
3.The Special Thasildar, Land Acquisition, Unit - III, Mamallapuram - Puducherry Corridor, National Highways, Chengalpattu.
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