Shanmugasundaram. M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA W.P(MD)NO.3316 OF 2023 M.Shanmugasundaram : Petitioner .vs.

1.The District Collector, Office of the District Collector, Dindigul - 624 004, Dindigul District.

2.The Special District Revenue Officer, Office of the Special District Revenue Officer, Land Acquisition, Palani - 624 601, Dindigul District.

3.The Project Director, National Highways Authority of India, Office of the National Highways Authority of India, Dindigul - 624 004, Dindigul District.

4.The Chairman, National Highways Authority of India, G-5 and 6, Sector 10, Dwaraka, New Delhi 110075.

5.The Tahsildar, Office of the Tahsildar, Palani - 624 601, Dindigul District.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the

second respondent to consider the first respondent order, dated 31.1.2022 in Letter No.O.Mu.No.1709/2022/E1.

For Petitioner :Mr.M.Sheik Abdullah For Respondents :Mr.A.Kannan 1,2 and 5 Addl.Govt.Pleader For Respondents :Mr.P.Karthick 3 and 4 Central Govt.Standing Counsel

O R D E R

********** The Writ Petition is filed for a Writ of Mandamus directing the second respondent to consider the first respondent's order, dated 31.01.2022 in Letter No.O.Mu.No.1709/2022/E1. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The Petitioner aggrieved by the acquisition of the northern side of the Petitioner's land in S.F.No.1229/1B1, 1229/4 situate at Periyakallakarattupuravu Village, Palani Taluk submitted a petition on 11.01.2022. In pursuance of the Petitioner's representation, the first respondent vide communication 31.01.2022, directed the second respondent to expeditiously take appropriate action on the Petitioner's representation. Inspite of the communication of the first respondent, the second respondent did not take any action.

Therefore, the Petitioner filed the above Writ Petition for the aforesaid relief.

4.The learned counsel for the Petitioner submitted that though two years lapsed since the communication of the first respondent, the second respondent did not initiate any action on the Petitioner's reprsentation and hence, a direction may be issued to the second respondent to consider and pass orders on the Petitioner's representation as per the communication of the first respondent, dated 31.01.2022.

5.It is seen that the Petitioner's representation has been kept pending since 11.01.2022 without any action, inspite of the first respondent's communication, dated 31.01.2022. I am therefore inclined to issue a direction to the second respondent to consider and pass orders on merits and in accordance with law the Petitioner's representation, dated 11.01.2022, within a period of eight weeks from the date of receipt of a receipt of a copy of this order.

6.The Writ Petition is accordingly disposed of. No costs. 24.01.2025

NSC :Yes/No Index:Yes/No Internet:Yes/No vsn To 1.The District Collector, Office of the District Collector, Dindigul - 624 004, Dindigul District.

2.The Special District Revenue Officer, Office of the Special District Revenue Officer, Land Acquisition, Palani - 624 601, Dindigul District.

3.The Project Director, National Highways Authority of India, Office of the National Highways Authority of India, Dindigul - 624 004, Dindigul District.

4.The Chairman, National Highways Authority of India, G-5 and 6, Sector 10, Dwaraka, New Delhi 110075.

5.The Tahsildar, Office of the Tahsildar, Palani - 624 601, Dindigul District.

N.MALA, J.

vsn ORDER MADE IN W.P(MD)NO.3316 of 2023 24.01.2025