Boomi v. Special Thasildar (Land Acquisition),

W.P(MD)No.8129 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.8129 of 2020 Boomi ... Petitioner Vs.

Special Tahsildar (Land Acquisition), National Highways No.785, Unit - 2, Madurai - Natham, Natham, Dindigul District.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent to consider and dispose of the petitioner's representations dated 03.10.2019 and 06.06.2020 which were given for disbursement of compensation amount within the period stipulated by this Court.

For Petitioner : Mr.R.Gandhi For Respondent : Ms.V.P.M.Vaishnavi, Government Advocate.

: Mr.C.Arul Vadivel @ Sekar Standing Counsel for National Highways Authority of India

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondent to consider and dispose of the petitioner's representations dated 03.10.2019 and 06.06.2020 within the time stipulated by this Court.

2.Ms.V.P.M.Vaishnavi, learned Government Advocate takes notice for the respondent.

3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, his land was acquired by the respondent for laying four way lanes between Madurai and Natham. Subsequently, the Special District Revenue Officer (Land Acquisition), Dindigul has fixed the quantum of compensation vide Order Nos.01 and 02 of 2019. In the meantime, the respondent had summoned the petitioner to hand over the documents relating to the acquired landed property. Though the petitioner submitted all the documents in person to the respondent on 03.10.2019, the respondent has not taken any steps to disburse the compensation amount. Hence, the petitioner has filed the present Writ Petition. 5.The learned counsel appearing for the petitioner submitted https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8129 of 2020 that the petitioner is the owner of the property and no other person is claiming any right over the said property. Hence, there is no legal impediment for the respondent to settle the compensation amount to the petitioner.

6.The learned Government Advocate appearing for the respondent submitted that the representation of the petitioner will be considered on merits and in accordance with law within the time stipulated by this Court.

7.In view of the submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the respondent / Special Tahsildar (Land Acquisition) to consider the representations of the petitioner dated 03.10.2019 and 06.06.2020 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) 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. ps To The Special Tahsildar (Land Acquisition), National Highways No.785, Unit - 2, Madurai - Natham,Natham, Dindigul District.

Order made in W.P.(MD)No.8129 of 2020 Dated:28.07.2020 SMA/04/08/2020/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2