Valsalakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE T.Valsalakumar ... Petitioner Vs 1.The District Collector, Kanniyakumari District Collectorate, Nagercoil - 629 001.

2.The National Highways Authority of India (NHAI), represented by its Project Director, Tirunelveli, at Nagercoil.

3.The Competent Authority and Special District Revenue Officer (LA-NH), Tirunelveli District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the appeal of the petitioner, dated on 10.09.2018 and the consequential reminder on 21.09.2020, by reconsidering the value of petitioner land in Sy.No.709/8 of Vadasery Village, in part with adjacent land value and to add multiplication of 1.25 and also to grant 100% solatium with 15% interest per annum. For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.M.Lingadurai for R1 and R3 Special Government Pleader

ORDER

This writ petition has been filed for Mandamus seeking for a direction to the first respondent to consider the statutory appeal filed by the petitioner, dated 10.09.2018 and pass final orders on merits and in accordance with law, within a time frame to be fixed by this Court.

2.The petitioner has filed a statutory appeal seeking for enhancement of compensation under the National Highways Act before the first respondent on 10.09.2018. The said appeal is still pending. The petitioner seeks for early disposal of the said 1/3

appeal. The petitioner's land situated in S.No.709/8, Vadasery Village, has been acquired under the National Highways Act. 3.Heard Mr.K.P.Narayanakumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 & 3. 4.No prejudice will be caused to the respondents, if the petitioner's appeal is disposed of expeditiously within a time frame to be fixed by this Court.

5.For the foregoing reasons, this Court directs the first respondent to pass final award in the petitioner's statutory appeal, dated 10.09.2018, after affording a fair hearing to the petitioner and other necessary parties, within a period of six months from the date of receipt of a copy of this order.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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, Kanniyakumari District Collectorate, Nagercoil - 629 001.

2.The National Highways Authority of India (NHAI), represented by its Project Director, Tirunelveli, at Nagercoil.

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3.The Competent Authority and Special District Revenue Officer (LA-NH), Tirunelveli District.

+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-16474[F] dated 05/04/2022 ) +1 CC to M/s.SPL.GP ( SR-16685[F] dated 05/04/2022 ) 01.04.2022 SB(CO) GC(11.04.2022) 3P 6C 3/3