Madras High CourtWP(MD)/3331/2012disposed of

Santhappan v. The Special District Revenue

2024-10-23Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Santhappan .. Petitioner Vs.

1.The Special District Revenue Officer, (Land Acquisition), National Highways, Tiruchirapalli-1.

2.The Project Director, National Highways Authority of India, Office of the Project Director P.I.U, New No.6 (Old No.44), First Floor, III Main Road, Ponnagar, Tiruchirapalli-620 001.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorari, to call for the records relating to the impugned notification bearing Na.Ka.No.948/09, dated 24.02.2010 issued by the first respondent and published in Dhina Thanthi issue dated 08.03.2010 in so far as the petitioner's land comprised in S.No.277/1A1 measuring an extent of 1189 Sq.metres in Kannudayanpatti Village, Manapparai Taluk, Trichy District is concerned, and quash the same.

For Petitioner :

Mr.B.Prasanna Vinoth For R1 :

Mr.D.S.Nedunchezian Government Advocate For R2 :

Mr.C.Arulvadivel @ Sekar Standing Counsel

ORDER

This writ petition is filed for a Certiorari to call for the records relating to the impugned notification bearing Na.Ka.No.948/09, dated 24.02.2010 issued by the first respondent and published in Dhina Thanthi issue dated 08.03.2010 in so far as the petitioner's land comprised in S.No.277/1A1 measuring an extent of 1189 Sq.metres in Kannudayanpatti Village, Manapparai Taluk, Trichy District is concerned, and quash the same.

2. From the reading of the counter affidavit from Paragraph No.7, it is seen that the revenue records stood in the name of the Sesu Rajendran whose wife had appeared for an enquiry and produced necessary documents in support of the claim. The award was passed for an amount of Rs.3,40,054/-. This amount has been kept in deposit. It is

also the contention of the respondents that the petitioner had not produced any documentary evidence to substantiate the title over the property.

3. It is informed by the learned counsel for the petitioner that the petitioner is no more.

4. Taking into account the fact that the lands have been acquired and compensation has been paid to the owners, it is well open to the legal heirs of the petitioner to invoke the provisions of the Act to have the compensation granted to the petitioner as well as approach the authorities and produce the proof and get the compensation allotted to the petitioner or to seek enhancement of the same.

5. Recording the same, this Writ Petition stands disposed of. No costs.

23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg

To 1.The Special District Revenue Officer, (Land Acquisition), National Highways, Tiruchirapalli-1.

2.The Project Director, National Highways Authority of India, Office of the Project Director P.I.U, New No.6 (Old No.44), First Floor, III Main Road, Ponnagar, Tiruchirapalli-620 001.

P.T.ASHA, J.

gbg 23.10.2024