Hidhayathullah.N v. The Special District Revenue Officer (Land Acquisition),

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Hidhayathullah ... Petitioner /Vs./ 1.The Special District Revenue Officer (Land Acquisition), National Highways No. 785, Plot No. 171, 6th East Cross Street, K.K.Nagar, Madurai - 625 020.

2.The Project Director, National Highways Authority Of India, Plot No. 3, Surya Tower II Floor, First East Street, K.K.Nagar, Madurai-625 020.

3.The Special Tahsildar (Land Acquisition), Office Of the Special Tahsildar, No.13B, Kaattu Periyakulam Street, N.Kovilpatti, Madurai Road, Natham, Dindigul District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to disburse the compensation amount for 8 coconut trees in the petitioner's land in Survey No.455/2B2 and 456/3B1 of Reddiyapatti Village, Natham Taluk, Dindigul District by considering the petitioner's representation dated 06.04.2022, within the time frame fixed by this Court.

For Petitioner : Mr.M.Fernand For R1 : Mr.M.Lingadurai, Special Government Pleader.

For R2 & R3 : Mr.C.Arul Vadivel @ Sekar Standing Counsel

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to disburse the compensation amount for 8 coconut trees in the petitioner's land in Survey No.455/2B2 and 456/3B1 of Reddiyapatti Village, Natham Taluk, Dindigul District, based on the petitioner's representation dated 06.04.2022, within a time frame to be fixed by this Court.

2.According to the petitioner, the aforementioned lands belonging to him were acquired by the National Highways and 1/3

compensation has been determined in respect of the aforementioned lands. However, no compensation has been paid for 8 coconut trees, which were in the aforementioned lands. In such circumstances, the petitioner has given a representation on 06.04.2022, for the said purpose. Since the said representation has not been considered till date, the petitioner has filed this Writ Petition. 3.Heard Mr.M.Fernand, learned Counsel for the writ petitioner, Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the first respondent and Mr.C.Arul Vadivel @ Sekar, learned Standing Counsel, who accepts notice on behalf of the second and third respondents.

4.No prejudice would be caused to the first and second respondents, if the representation of the petitioner seeking for compensation for eight coconut trees is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party, whom the first and second respondents deem fit to enquire.

5.For the foregoing reasons, this Court directs the first and second respondents to consider the petitioner's representation dated 06.04.2022 seeking compensation for the 8 coconut trees, which were in the petitioner's lands in Survey No.455/2B2 and 456/3B1 of Reddiyapatti Village, Natham Taluk, Dindigul District, for which compensation has not been paid and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting him the right of personal hearing, within a period of eight [8] weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Special District Revenue Officer (Land Acquisition), National Highways No. 785, Plot No. 171, 6th East Cross Street, K.K.Nagar, Madurai - 625 020.

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2.The Project Director, National Highways Authority Of India, Plot No. 3, Surya Tower II Floor, First East Street, K.K.Nagar, Madurai-625 020.

3.The Special Tahsildar (Land Acquisition), Office Of the Special Tahsildar, No.13B, Kaattu Periyakulam Street, N.Kovilpatti, Madurai Road, Natham, Dindigul District.

+1 CC to M/s.M.FERNAND, Advocate ( SR-22751[F] dated 29/04/2022 ) order made in Dated:

28.04.2022 SS(CO) GC(18.05.2022) 3P 5C 3/3