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Madras High CourtWP(MD)/10968/2025disposed of

Chandrasekaran S v. The Secretary To Government

2025-04-21Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI 1.S.Chandrasekaran 2.B.Subbulakshmi 3.B.Shanmugavel 4.Seethalakshmi 5.Shanthi 6.Seethalakshmi ... Petitioners Vs.

1.The Secretary to Government, Municipal Administration and Water Supply Department, St.Fort George, Secretariat, Chennai.

2.The Director of Municipal Administration, Urban Administration Building, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.

3.The District Collector, Office of the District Collector, Virudhunagar.

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4.The Commissioner, Rajapalayam Municipality Office, 5.The District Revenue Officer, Virudhunagar District, 6.The Tahsildar, Rajapalayam Taluk Office, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay compensation as the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the unauthorized laying of road in the property measuring to an extent of 1736.5 square meter comprised in Town Survey No.3/2A, Old Survey No.3, situated at Rajapalayam, Virudhunagar District by considering the petitioner's representation, dated 21.11.2024.

For Petitioners : Mr.M.P.Senthil for Mr.A.Mohamedhaneef For R1-R3, R5, R6 : Mr.B.Saravanan Additional Government Pleader For R4 : Mr.N.Dilipkumar

O R D E R

Heard the learned cousel for the parties.

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2. The learned counsel for the petitioners would submit that the property belonging to the petitioners has been take over unauthorisedly and Tar road has been laid by the 4th respondent Corporation. The learned counsel for the petitioners would submit the the petitioners have no grievance in so far as the property being taken, subject to due compensation being paid under the provisions of Act 30 of 2013, after initiating land acquisition proceedings in accordance with law.

3. The learned counsel for the 4th respondent, on instructions, submits that the petitioners have already given a representation seeking compensation on 21.11.2024 and the 4th respondent may be directed to dispose of the same on merits.

4. In view of the above, this writ petition is disposed of, directing the 4th respondent to conduct due enquiry, hear the petitioners and pass orders on the petitioners' representation, dated 21.11.2024, seeking compensation for their property being taken over and converted as a Tar road for public use, within a period of eight (8) weks from the date of receipt of copy of this order. 3/6

5. With the above direction, this Writ Petition stands disposed of. No costs.

21.04.2025 NCC:yes/no Index:yes/no Internet:yes/no gbg To:

1.The Secretary to Government, Municipal Administration and Water Supply Department, St.Fort George, Secretariat, Chennai.

2.The Director of Municipal Administration, Urban Administration Building, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.

3.The District Collector, Office of the District Collector, Virudhunagar.

4.The Commissioner, Rajapalayam Municipality Office, 4/6

5.The District Revenue Officer, Virudhunagar District, 6.The Tahsildar, Rajapalayam Taluk Office, 5/6

P.B.BALAJI , J.

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