R.Sukumar v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34593 of 2022 R.Sukumar ....
Petitioner -Vs1.The District Revenue Officer Thiruvallur District, Thiruvallur.
2.The Tahsildar Office of the Tahsildar Uthukottai Taluk, Thiruvallur.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent herein to refer the case to the Civil Court for fixing the fair compensation for the lands acquired from the petitioner herein measuring an extent of 30 sq.metres comprised in S.No.165/52AB, 360 sq.metres comprised in S.No.162/1D2, 410 sq.metres comprised in S.No.165/6B situated at No.92, Manjankaranai Village, Uthukottai Taluk, Thiruvallur District acquired for the purpose of widening the State Highways No.51 which is also known as Periyapalayam Highway. For Petitioner : Mr.K.Surendranath For Respondents : Mrs.Akila Rajendran Government Advocate 1 / 4
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 1st respondent herein to refer the case to the Civil Court for fixing the fair compensation for the lands acquired from the petitioner herein measuring an extent of 30 sq.metres comprised in S.No.165/52AB, 360 sq.metres comprised in S.No.162/1D2, 410 sq.metres comprised in S.No.165/6B situated at No.92, Manjankaranai Village, Uthukottai Taluk, Thiruvallur District acquired for the purpose of widening the State Highways No.51 which is also known as Periyapalayam Highway.
2. In respect of the lands belongs to the petitioner, which have been acquired under the provisions of the Tamil Nadu Highways Act, even though compensation has been fixed, it is the grievance of the petitioner to enhance the compensation. Therefore, he has sought for a reference under Section 20 of the Act to refer the matter to the Civil Court for fixation of fair compensation and in order to consider the same, the present writ petition has been filed.
3. Reiterating the aforesaid, the learned counsel for the petitioner seeks the indulgence of this Court.
2 / 4
4. Heard Mrs.Akila Rajendran learned Government Advocate who would submit that, the said representation of the petitioner would be considered and decided by the 1st respondent within a time frame that may be stipulated by this Court.
5. Considering the limited scope of the prayer sought for and the submission made by the learned Government Advocate appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order.
"That there shall be a direction to the 1st respondent to consider the representation of the petitioner dated 02.09.2021 and pass necessary orders thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order."
6. With the above directions, this writ petition is disposed of. No costs. 23.12.2022 Index : Yes/No Internet : Yes/No KST 3 / 4
R. SURESH KUMAR, J.
KST To 1.The District Revenue Officer Thiruvallur District, Thiruvallur.
2.The Tahsildar Office of the Tahsildar Uthukottai Taluk, Thiruvallur.
W.P.No. 34593 of 2022 23.12.2022 4 / 4