Madras High CourtWP(MD)/2987/2021dismissed

Raju.A v. The District Collector,

2023-10-18Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Raju ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Special Tahsildar (LA Competent Authority), National Highways Authority, Level 2, Office, Melure, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd Respondents to despatch the petitioner enhancement and compensation amount as per the market value for acquisition of land in S.No.83/2A1, Rajakambiram Village, Madurai North Taluk, Madurai District to an extent of 8.46 cents (3680 sqt.mts) with reference to compensation, as per representation submitted by the petitioner dated 14.12.2020 within a time frame to be fixed by this Court.

For Petitioner :Mr.T.Chandrasekaran For Respondents :Mr.A.K.Manikkam Special Government Pleader 1/4

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the first and second respondents to act upon the representation made by the petitioner on 14.12.2020 and to enhance the compensation amount for the lands acquired from the petitioner under National Highways Act.

2.Heard Mr.T.Chandrasekaran, learned Counsel appearing on behalf of the petitioner and Mr.A.K.Manikkam, learned Special Government Pleader appearing on behalf of the respondents. 3.In the considered view of this Court, the award was passed on 28.01.2009 and the representation has been made by the petitioner to the first and second respondents nearly after 11 years in the year 2020. The National Highways Act itself provides for a procedure to seek for enhancement of compensation and time limit has been fixed. In view of the same, there is no question of directing the respondents to consider the representation after 11 years and hence, the relief sought for by the petitioner cannot be granted by this Court.

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4.The Writ Petition is dismissed in the above terms. No costs. Index :Yes / No 18.10.2023 Internet :Yes NCC : Yes/No cmr To 1.The District Collector, Madurai District, Madurai.

2.The Special Tahsildar (LA Competent Authority), National Highways Authority, Level 2, Office, Melure, Madurai District.

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N.ANAND VENKATESH, J.

cmr 18.10.2023 4/4