Madras High CourtWP(MD)/6233/2022disposed of

Maheswari v. The District Collector

2022-04-05Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6233 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.6233 of 2022 Maheswari ... Petitioner Vs.

1.The District Collector, Madurai District Collectorate, Madurai.

2.The Competent Authority, Cum District Revenue Officer, Land Acquisition (NH), Madurai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein on the basis of the appeal preferred on 21.02.2022 to redetermine the fair compensation for the acquisition of the petitioner's land in Plot No.4 situated in S.No.77/3B1A with an extent of 4 cents and 8 sq. ft (1750 sq ft) in Manthikulam Village, Madurai North Taluk & Madurai District.

For Petitioner : Mr.K.R.Shivashankari For Respondents 1&2 : Mr.B.Saravanan Additional Government Pleader

O R D E R

*********** This Writ Petition has been filed for a Mandamus seeking for early disposal of the petitioner's statutory appeal under the National Highways Act, seeking for enhancement of compensation in respect of the lands acquired from the petitioner in Plot No.4 situated in S.No.77/3B1A with an extent of 4 cents and 8 sq. ft (1750 sq ft) in Manthikulam Village, Madurai North Taluk & Madurai District.

2.The petitioner has preferred the statutory appeal as referred to supra before the first respondent on 21.02.2022, seeking for enhancement of compensation. Admittedly, the said statutory appeal has not been disposed of till date.

3.No prejudice would be caused to the first respondent if the petitioner's statutory appeal is disposed of within a time frame to be fixed by this Court after affording a fair hearing to the petitioner and other necessary parties whom the first respondent deems fit to enquire.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.6233 of 2022 4.Accordingly, this Court directs the first respondent to pass final orders on the petitioner's statutory appeal dated 21.02.2022, seeking for enhancement of compensation in respect of the lands which were acquired by the second respondent namely Plot No.4 situated in S.No.77/3B1A with an extent of 4 cents and 8 sq. ft (1750 sq ft) in Manthikulam Village, Madurai North Taluk & Madurai District, after affording a fair hearing to the petitioner including granting her the right of personal hearing within a period of four [4] months from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Madurai District Collectorate, Madurai.

2.The Competent Authority, Cum District Revenue Officer, Land Acquisition (NH), Madurai.

+1 CC to M/s.K.R. SHIVA SHANKARI, Advocate ( SR-16535[F] dated 05/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17025[F] dated 06/04/2022 ) ORDER MADE IN W.P.[MD]No.6233 of 2022 05.04.2022 MK/19.04.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2