N.Janaki v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 31816 of 2024 & W.M.P.No. 34582 of 2024 N.Janaki

...Petitioner

Vs.

1.The District Collector, Erode District, Erode - 11.

2.The Land Acquisition Special Officer, Cum The District Revenue Officer, Erode Collectorate, Erode - 11.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to refer the award passed in Award No.12/2020, dated 31.12.2020, in Na.Ka.No.7247/2007 Aa1 with respect to the lands of the petitioner in 1/6

R.S.No.184/5B, in Punjai Lakkapuram Village, Erode Taluk, Erode District to the concerned Civil Court for enhancement of compensation. For Petitioner :

Mr. V.S.Kesavan For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

The Writ Petition is filed for the issue of mandamus directing the respondents to refer the award passed in Award No.12/2020 to the concerned Civil Court for enhancement of the compensation.

2. The petitioner's land had been acquired for the purpose of forming an outer ring road under the Tamil Nadu Highways Act, 2001. The petitioner would submit that the award has been passed on 31.12.2020 in Award No.12 of 2020. The petitioner would submit that Award No.13 of 2020 was also passed on the same day with reference to the other properties of the petitioner.

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3. The compensation was received under objection and the petitioner has sought for enhanced compensation with reference to both awards. Despite objections, the 2nd respondent has only forwarded the Award No.13 of 2020 to the concerned Civil Court, for fixing the fair and enhanced compensation and had not forwarded Award No.12 of 2020. Despite several representations sent by the petitioner, the same has not been referred to the Civil Court. Therefore, the petitioner has come forward with the above Writ Petition.

4. Heard the learned counsels on the either side and perused the records.

5. Considering the facts and circumstances of the case, the 2nd respondent is directed to refer the award passed in Award No.12/2020, dated 31.12.2020, to the concerned Civil Court for enhancement of compensation, within a period of 3 weeks from the date of receipt of a 3/6

copy of this order.

6. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

06.11.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector, Erode District, Erode - 11.

2.The Land Acquisition Special Officer, Cum The District Revenue Officer, Erode Collectorate, Erode - 11.

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P.T. ASHA, J, kan W.P.No. 31816 of 2024 06.11.2024 6/6