Kolappapillai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.5048 of 2024 Kolappapillai ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Kanyakumari District At Nagercoil.

2.The Competent Authority and Special District Revenue Officer, (Land Acquisition - National Highways), Tirunelveli, Kanyakumari District, At Nagercoil.

3.The Tahsildar, Taluk Office, Kalkulam, Kalkulam Taluk, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned orders passed by the 1st and 2nd respondents in Na.Ka.U2/26829/2018 dated 19.07.2019 confirming the impugned award order 1/4

ROC.J3/02/2010, modification award No.6/2015-35 dated 14.09.2018 respectively and quash both and consequently direct the 1st and 2nd respondents to give fair compensation amount on the basis of then prevailing market value on the date of the acquisition of the petitioner's land. For Petitioner : Mr.R.Murugappan For Respondents : Mr.D.Gandhiraj, Spl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner questions the award passed by the first respondent under Section 3G of the National Highways Act, 1956. Such an award has to be challenged only in the manner set out in the statute. Filing writ petition is misconceived. The writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

06.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 2/4

To:- 1.The District Collector, Collectorate Campus, Kanyakumari District At Nagercoil.

2.The Competent Authority and Special District Revenue Officer, (Land Acquisition - National Highways), Tirunelveli, Kanyakumari District, At Nagercoil.

3.The Tahsildar, Taluk Office, Kalkulam, Kalkulam Taluk, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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