Madras High CourtWP(MD)/4466/2022disposed of

Natarajan.S v. The District Collector

2022-03-14Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Natarajan ... Petitioner Vs.

1.The District Collector, Tanjore District, Tanjore.

2.The Special District Revenue Officer, Chennai - Kanyakumari Industrial Corridor Project, No.7/90, K.C.Mani Nagar (North), Mayiladuthurai Road, Kumbakonam - 612 001.

3.The Secretary to Government, Tamil Nadu State Highways Department, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

4.The Divisional Engineer, Chennai - Kanyakumari Industrial Corridor Project, Kumbakonam.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide compensation to the petitioner and his co-owner for acquisition of their property in S.No.123/1 of Maruthanallur Village, Kumbakonam Taluk, Tanjore District for Chennai - Kanyakumari Industrial Corridor Project within a time frame as fixed by this Court.

For Petitioner : Mr.R.Rajamohan For Respondents : Mr.T.Amjad Khan Government Advocate 1/3

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to provide compensation to the petitioner and his co-owner in respect of the lands acquired by them which are situated in S.No.123/1 of Maruthanallur Village, Kumbakonam Taluk, Tanjore District for Chennai - Kanyakumari Industrial Corridor Project, within a time frame to be fixed by this Court.

2.According to the petitioner, the aforementioned lands were acquired from the legal heirs of the deceased Shenbagavalli in the year 2020, who had purchased the same under a settlement deed registered as Document No.1375/1971 on 12.09.1971. It is the case of the petitioner that though the lands were acquired in the year 2020, till date no compensation amount has been paid to them. In such circumstances, the petitioner has given a representation on 02.12.2021 requesting the respondents to pay the compensation. Since the representation has not been considered till date, he has filed this writ petition.

3.Heard Mr.R.Rajamohan, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate who accepts notice on behalf of the respondents.

4.The lands which are the subject matter of acquisition is situated in S.No.123/1 of Maruthanallur Village, Kumbakonam Taluk, Tanjore District which was acquired for Chennai - Kanyakumari Industrial Corridor Project in the year 2020. The petitioner has filed a copy of the settlement deed dated 12.09.1971 registered as Document No.1375/1971 standing in the name of his mother Shenbagavalli, who is now no more. The petitioner has also filed the legal heirship certificate of Shenbagavalli, disclosing her legal heirs. According to the petitioner even though the lands were acquired in the year 2020 the compensation amount has not been paid to the legal heirs of the deceased Shenbagavalli. 5.No prejudice would be caused if the petitioner's representation dated 02.12.2021 is considered by the first and second respondents on merits and in accordance with law within a time frame to be fixed by this Court.

6.Accordingly, this Court directs the first and second respondents to consider the petitioner's representation dated 02.12.2021 requesting the respondents to pay compensation for the lands acquired by them in respect of the property comprised in S.No.123/1 of Maruthanallur Village, Kumbakonam Taluk, Tanjore District for Chennai - Kanyakumari Industrial Corridor Project and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary 2/3

party whom the first and second respondents deem fit to enquire within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // 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 1.The District Collector, Tanjore District,Tanjore.

2.The Special District Revenue Officer, Chennai - Kanyakumari Industrial Corridor Project, No.7/90, K.C.Mani Nagar (North), Mayiladuthurai Road, Kumbakonam - 612 001.

3.The Secretary to Government, Tamil Nadu State Highways Department, HRS Campus, 76, Sardar Patel Road, Guindy, Chennai - 600 025.

4.The Divisional Engineer, Chennai - Kanyakumari Industrial Corridor Project, Kumbakonam.

+1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-11925[F] dated 14/03/2022 ) +1 CC to M/s.SPL GP ( SR-12152[F] dated 15/03/2022 ) 14.03.2022 RK(25/03/2022) 3P 7C 3/3