Madras High CourtWP(MD)/6670/2018disposed of

N.Sathick, v. The District Collector Cum

2018-03-27Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.6670 of 2018 N.Sathick ... Petitioner -Vs1.The District Collector cum Arbitrator, Under the National Highways Act, Kanyakumari, at Nagercoil.

2.The Competent Authority and Special District Revenue Officer, (Land Acquisition-National Highways) Observatory Street, Opp. To Collectorate, K.P.Road, Nagarcoil, Kanyakumari District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to pass orders on the petition dated 13.09.2017 seeking for enhancement under the National Highways Act, within a time fixed by this Court.

For Petitioner : Mr.R.J.Karthick For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader.

ORDER

The petitioner claims to be owner of a property in R.S.Nos.734/1C and 734/2B situated at Kulasekarapuram Village, Agasteeswaram Taluk, Kanyakumari District. The petitioner's lands are acquired by the National Highways authorities for formation of NH-47 (Kerala-Tamil Nadu Border to Kanyakumari). Thereafter, award has been passed on 23.05.2013. Not being satisfied with the award, the petitioner filed an appeal before the first respondent under Section 3 G of the National Highways Act on 13.09.2017. But, so far, no order has been passed, hence, the present writ petition has been filed.

2.Considering the facts and circumstances of the case, without going into the merits of the case, the first respondent is directed to consider the petitioner's appeal dated 13.09.2017, and pass suitable orders on merits and in accordance with law, within a https://hcservices.ecourts.gov.in/hcservices/

period of twelve weeks from the date of receipt of a copy of this order.

3.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector cum Arbitrator, Under the National Highways Act, Kanyakumari, at Nagercoil.

2.The Competent Authority and Special District Revenue Officer, (Land Acquisition-National Highways) Observatory Street, Opp. To Collectorate, K.P.Road, Nagarcoil, Kanyakumari District.

+1 cc to Mr.R.J.Karthick, Advocate, SR.No.58336 +1cc to The Special Government Pleader, SR.No.59034 Myr RL/5C/2P/SKN/RSK/SAR3/16/4/2018 W.P(MD)No.6670 of 2018 27.03.2018 https://hcservices.ecourts.gov.in/hcservices/