Madras High CourtWP/28309/2018disposed of

M.Saravanan v. The District Collector

2018-11-19Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 28309 of 2018 M.Saravanan ... Petitioner Vs The District Collector, Salem District, Salem.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to conduct enquiry under the provisions of U/s.3-G(5) of National Highways Act and pass orders for enhancement of compensation by giving personal hearing by disposing the petitioner's written representation dated 29.03.2010 within a stipulated time as this Hon'ble Court fixes.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.M.Elumalai, Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the respondent to conduct enquiry on the petitioner's application seeking for enhancement of compensation under Sec.3G (5) of National Highways Act.

2. The grievance of the petitioner is that the petitioner's lands were acquired under the Tamil Nadu Highways Act, to the total extent of 620 sq.meter. The respondent awarded the compensation at the rate of Rs.42/- per sq. meter for the extent of 350 sq. meter and for the remaining extent of 270 sq.mtr., the respondent has awarded the compensation of Rs.656/- per sq. mtr. Not being satisfied with the same, the petitioner has submitted the representation before the respondent District Collector on 29.03.2010 seeking for enhancement of compensation, but the said request so far not considered. Hence, the petitioner has filed the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the fact that the petitioner has submitted the representation before the respondent on 29.03.2010, and he has also produced the copy of the acknowledgment in the typed set of papers, and now it is still pending with the respondent, the respondent is directed to consider the representation of the petitioner and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner within a period of twelve weeks from the date of receipt of the copy of this order. With the said direction, the present Writ Petition stands disposed of. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To The District Collector, Salem District, Salem.

+1 CC to Mr.C.Prakasam, Advocate sr 78992.

+1 CC to Govt. Pleader sr 79564.

W.P. 28309 of 2018 SP(24/01/2019) https://hcservices.ecourts.gov.in/hcservices/