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Madras High CourtWP/32133/2024dismissed

Dr.S.Rajamani v. The State Rep. By

2024-10-30Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.S.Rajamani 2.S.Natarajan 3.S.Kannan 4.P.Jaya Palanivel ... Petitioners vs.

1.The State Represented by The Principal Secretary to Government (Highways & Minor Ports Department) Secretariat, Chennai - 600 009 2.The Director General, Highways Department Integrated CE's Office Building H R S Campus, 76, Sardar Patel Road Guindy, Chennai - 600 025 3.The District Collector Collectorate Salem - 636 001 4.The Chief Engineer (Highways), Projects 76, Sardar Patel Road, Guindy, Chennai - 600 025 5.The Superintending Engineer (Highways) Projects, Near North Covai Flyover Mettupalayam Road, Coimbatore - 641 043 1/5

6.The Divisional Engineer (Highways) Projects - Salem Division Nattammai Buildings Salem - 636 001 ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing all the respondents herein to consider the petitioner's representation dated 11.05.2023 to arrive at the compensation payable for 624 sq.ft of lands and other infrastructures in T.S.No.J/37/30-1 of Maravaneri, Salem acquired under private negotiation in 2000 with all applicable statutory benefits and interest, and pass suitable orders within the time-frame as may be fixed by this Court. For Petitioner : Mr.D.Shivakumaran For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

When the writ petition is taken up for hearing, the learned Additional Government Pleader appearing for the respondents submits that in the present case, award was passed on 30.04.2021 and in view of the dispute between the Highways Department and petitioner, the matter was referred to the Court under Section 22(3) of the Tamil Nadu Highways Act, 2001.

2. Since the matter is already referred to the Court for deciding the dispute as title, the prayer sought for by the petitioner in this writ petition 2/5

cannot be entertained.

3/5

3. Accordingly, the Writ Petition is dismissed with liberty to the petitioners to workout their remedy before the Civil Court in the pending reference. No costs.

30.10.2024 (2/2) Index : Yes/No Speaking order:Yes/No dm To 1.The Principal Secretary to Government (Highways & Minor Ports Department) Secretariat, Chennai - 600 009 2.The Director General, Highways Department Integrated CE's Office Building H R S Campus, 76, Sardar Patel Road Guindy, Chennai - 600 025 3.The District Collector Collectorate Salem - 636 001 4.The Chief Engineer (Highways), Projects 76, Sardar Patel Road, Guindy, Chennai - 600 025 5.The Superintending Engineer (Highways) Projects, Near North Covai Flyover Mettupalayam Road, Coimbatore - 641 043 6.The Divisional Engineer (Highways) Projects - Salem Division Nattammai Buildings, Salem - 636 001 4/5

S.SOUNTHAR, J.

dm 30.10.2024 (2/2) 5/5