Madras High CourtWP(MD)/2934/2022disposed of

Parvathy v. The Land Acquisition Officer /

2022-02-14Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE 1.Parvathy 2.Meenal 3.A.Venguchamy 4.A.Poovalingam 5.A.Kandeepan 6.A.Devendran 7.Senthil Kumari 8.A.Karunakaran ... 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 petitioners dated 05.01.2021 and 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 : Mrs.S.Jeyapriya Government Advocate

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to refer the objections of the petitioners dated 05.01.2021 and 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 letters dated 05.01.2021 and 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 letters dated 05.01.2021 1/3

and 02.02.2021 have not been considered till date, they have filed this writ petition.

3.Heard Mr.C.T.Perumal, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the respondent.

4.No prejudice would be caused to the respondent if the petitioners' objection letters dated 05.01.2021 and 02.02.2021 filed under Section 20 of the Tamil Nadu Highways Act, 2001 seeking for enhanced compensation are 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 letters dated 05.01.2021 and 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 (CS-II) // 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-6285[F] dated 15/02/2022 ) 2/3

+1 CC to M/s.SPL GP ( SR-6207[F] dated 15/02/2022 ) 14.02.2022 AM(CO) KB(10.03.2022) 3P 4C 3/3