Smt.Poonkothai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Poonkothai ... Petitioner versus 1.The District Collector, Office of the District Collector, Singaravelan Maligai, Chennai District, Chennai - 600 001.

2.The Special District Revenue Officer, (Land Acquisition), Highways Department, Office of the District Collector, Chennai - 600 001.

3.The Special Tahsildhar (Land Acquisition), Tamil Nadu Urban Development Scheme, Alandur, Chennai - 600 016.

4.The Tahsildhar, Office of the Tahsildhar, Pg.Nos.1/6

5.The Village Administrative Officer, Palavakkam Village, .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to pay the compensation to the petitioner a sum of Rs.24,35,932/- (Twenty four lakhs thirty five thousand nine hundred thirty two only) the properties taken in excess to the original acquisition as per National Highway Act, 2001, to the properties situated in S.No.158/12B to an extent of 12 sq.mts in Palavakkam Village account, Shozhinganallur Taluk, Chennai District. For Petitioner :

Mr.R.Ramesh For Respondents :

Mr.R.Vigneshwaran Government Advocate

O R D E R

Mr.R.Vigneshwaran, learned Government Advocate accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. Pg.Nos.2/6

2. This writ petition has been filed seeking for issuance of a writ of mandamus directing respondents 1 to 3 to pay compensation of a sum of Rs.24,35,932/- (Twenty four lakhs thirty five thousand nine hundred thirty two only) to the petitioner for the properties acquired in excess to the original acquisition as per National Highway Act, 2001, situated in S.No.158/12B to an extent of 12 sq.mts in Palavakkam Village account, Shozhinganallur Taluk, Chennai District.

3. The main grievance of the petitioner is that even though the representation has been made on 15.12.2023, till date the respondents have not taken any action on the said representation.

4. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the respondents to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for disposal of the representation, this Writ Petition is disposed of, by directing the respondents to consider the representation of the petitioner dated 15.12.2023 and pass appropriate orders on the same on Pg.Nos.3/6

merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants/interested parties, if any. Such exercise shall be done by the respondents within a period of six months from the date of receipt of a copy of this order. There shall be no order as to costs.

10.01.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Office of the District Collector, Singaravelan Maligai, Chennai District, Chennai - 600 001.

2.The Special District Revenue Officer, (Land Acquisition), Highways Department, Office of the District Collector, Chennai - 600 001.

Pg.Nos.4/6

3.The Special Tahsildhar (Land Acquisition), Tamil Nadu Urban Development Scheme, Alandur, Chennai - 600 016.

4.The Tahsildhar, Office of the Tahsildhar, 5.The Village Administrative Officer, Palavakkam Village, Pg.Nos.5/6

P.VELMURUGAN, J.

ms 10.01.2024 Pg.Nos.6/6