Maharajan.C v. The Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.4379 of 2023 C.Maharajan ... Petitioner Vs.

1.The Project Director No.76, Sardar Patel Road, HRS Complex, Guindy, Chennai - 600 025.

2.The District Revenue Officer (Land Acquisition), Plot No.B-39, 19th Cross Street, Maharaja Nagar, Tirunelveli - 11.

3.Kishore Kumar The Assistant Divisional Engineer (Highways), 1/6

4.The Special Tahsildar (Land Acquisition), ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order bearing Na.Ka.No.A3/ 281/2020 dated 31.01.2023 on the file of the second respondent and set aside the same as illegal and consequently direct the second respondent to refer the dispute regarding the award bearing Na.Ka.No.A3/281/2020 dated 24.09.2021 on the file of the second respondent for fixation of compensation to the Court concerned.

For Petitioner : Mr.R.Shankar Ganesh For Respondents : Mr.N.Muthu Vijayan Special Government Pleader

O R D E R

This writ petition has been filed questioning the impugned order, dated 31.01.2023 issued by the fourth respondent / Special Tahsildar (Land Acquisition), Chennai - Kanyakumari Industrial Corridor Project, Thiruppathur, Sivagangai District. 2/6

2. Let me not go into deeply into the issue. The lands of the petitioner had been originally acquired to an extent of 9 square meters. The compensation had been worked out, but the petitioner claims that the award copy had not been given to him. He made several requests for the issuance of the award copy. Finally, the petitioner had filed W.P. (MD) No.18437 of 2022 before this Court. The said writ petition was disposed of on 16.08.2022. The petitioner had received the copy of the award on 23.06.2022 and had made a representation on 01.08.2022. The representation of the petitioner had been rejected on the ground that he had raised objections after much delay.

3. It is however seen that the specific case of the petitioner was that the award copy was not given, to enable him to question the award granted. It will only be appropriate that the issue is once again reexamined by the respondents with respect to the quantum of award granted. It must be kept in mind that the petitioner had not questioned the acquisition as such and has only questioned the compensation granted. To that extent let there be a re-examination of the award granted to the petitioner. The award granted was Rs.6,94,220/- (Rupees Six 3/6

Lakhs Ninety Four Thousand Two Hundred and Twenty only) which had been deposited in the account of the petitioner herein.

4. The petitioner is permitted to give a fresh representation questioning and raising grounds as against the amount granted and such representation is to be given on or before 31.03.2023 and if it is done so, after following due process and procedure namely, by issuing notice to the petitioner herein, that particular representation may be disposed of on or before 30.04.2023. Naturally since this order is passed, the impugned order is set aside and the respondents are directed to re-examine the entire issue of the award amount afresh.

5. With the above directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

16.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 4/6

To 1.The Project Director No.76, Sardar Patel Road, HRS Complex, Guindy, Chennai - 600 025.

2.The District Revenue Officer (Land Acquisition), Plot No.B-39, 19th Cross Street, Maharaja Nagar, Tirunelveli - 11.

3.Kishore Kumar The Assistant Divisional Engineer (Highways), 4.The Special Tahsildar (Land Acquisition), 5/6

C.V.KARTHIKEYAN, J.

RM 16.03.2023 6/6