Sathya Narayanan.S v. The Special District Revenue Officer(Land Acquisition),

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD)Nos.9583 & 9584 of 2021 S.Sathya Narayanan ... Petitioner Vs.

1.The Special District Revenue Officer (Land Acquisition), Chenni - Kanniyakumari Industrial Corridor Project (CKICP), Plot No.74, Vijayaraghavan Nagar, Jagir Ammapalyam, Salem - 636 302, Salem District.

2.R.Sakkubhai ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first respondent to pay the compensation amount within a specified time as this Hon'ble Court deems fit and proper for the petitioner's acquired land comprised in Old Survey No.81/1, Natham New Survey No.595/1, Muthiyampalayam Village, Perumal Malai Adivaram, Thuraiyur Taluk, Tiruchirapalli District, measuring to an extent of 153 Sq.Metres for the purpose of widening and extension of State Highway No.142 from Thuraiyur to Perambalur under Chennai - Kanniyakumari Industrial Corridor Project (CKICP) before taking possession and demolishing the existing super structure built in the property. For Petitioner : Mr.P.Ravikumar For R1 : Mr.M.Lingadurai, Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus, directing the first respondent to consider the representation made by the petitioner on 07.11.2018 and the subsequent representation made by the petitioner on 29.10.2020, wherein, the petitioner has sought for the payment of compensation with respect to her share in the subject property. 1/3

2.The case of the petitioner is that a notification was issued on 15.10.2018 for acquiring the lands. The further case of the petitioner is that the property belonging to the petitioner and his family members was also included in the notification. 3.It is stated that the petitioner submitted a letter on 07.11.2018 to the first respondent seeking for the payment of compensation with respect to the share of the petitioner. However, the second respondent made a claim as if she is entitled for the entire compensation with respect to the property that was acquired. 4.The further case of the petitioner is that the enquiry was conducted by the first respondent and he directed the petitioner and the second respondent to produce all the relevant documents. The grievance of the petitioner is that no final orders have been passed by the first respondent and till date, no compensation has been paid and therefore, left with no other option, the present Writ Petition has been filed before this Court seeking for appropriate directions.

5.Heard Mr.P.Ravikumar, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the first respondent.

6.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to proceed further with the enquiry and pass final orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the final orders will be passed after hearing the second respondent also. 7.The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

8.The Writ Petition stands disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 2/3

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. To The Special District Revenue Officer (Land Acquisition), Chenni - Kanniyakumari Industrial Corridor Project (CKICP), Plot No.74, Vijayaraghavan Nagar, Jagir Ammapalyam, Salem - 636 302, Salem District.

+1 CC to M/s.P.RAVI KUMAR, Advocate ( SR-23273[F] dated 20/07/2021 ) +1 CC to M/s.SPL GP ( SR-23320[F] dated 20/07/2021 ) and W.M.P(MD)Nos.9583 & 9584 of 2021 Dated :

19.07.2021 NSM(CO) KB(03.08.2021) 3P 4C 3/3