Madras High CourtWP(MD)/2911/2022disposed of

Indrani v. The Land Acquisition Officer /

2022-02-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2911 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2911 of 2022 1.Indrani 2.S.Alagarsamy 3.C.Deeliban 4.Akila ... Petitioners Vs.

The Land Acquisition Officer / District Revenue Officer, Collectorate Campus, Ramanathapuram.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to refer the objection of the petitioner dated 02.02.2021 to the Civil Court for enhanced compensation under Section 20 of the Tamil Nadu Highways Act, 2001.

For Petitioner :

Mr.C.T.Perumal For Respondent :

Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondent to refer the objection of the petitioner dated 02.02.2021 to the Civil Court for enhanced compensation under Section 20 of the Tamil Nadu Highways Act, 2001 within a time frame to be fixed by this Court.

2.The case of the petitioners are that their lands were acquired under the Tamil Nadu Highways Act, 2001 and compensation was determined by the respondent. According to the petitioners they are aggrieved by the determination of compensation and under their objection letter dated 02.02.2021 they have requested the respondent to refer their objections to the Civil Court for enhanced compensation under Section 20 of the Tamil Nadu Highways Act, 2001. Since their objection letter dated 02.02.2021 has not been considered till date, they have filed this writ petition. 3.Heard Mr.C.T.Perumal, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2911 of 2022 4.No prejudice would be caused to the respondent if the petitioners' objection letter dated 02.02.2021 filed under Section 20 of the Tamil Nadu Highways Act, 2001 seeking for enhanced compensation is considered on merits and in accordance with law within a time frame to be fixed by this Court. 5.Accordingly, this Court directs the respondent to consider the petitioners' objection letter dated 02.02.2021 requesting the respondent under Section 20 of the Tamil Nadu Highways Act, 2001, to refer to the Civil Court for the purpose of the petitioners getting enhanced compensation in respect of their lands acquired by the respondent and pass final orders on merits and in accordance with law within a period of two [2] months from the date of receipt of a copy of this order.

6.The Writ Petition stands disposed of, accordingly. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Land Acquisition Officer / District Revenue Officer, Collectorate Campus,Ramanathapuram.

+1 CC to M/s.C.T.PERUMAL, Advocate ( SR-6284[F] dated 15/02/2022 ) +1 CC to M/s.SPL GP ( SR-6189[F] dated 15/02/2022 ) W.P.[MD]No.2911 of 2022 14.02.2022 AP(26.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2