P. Valarmathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.A(MD) No.656 of 2016 P.Valarmathi ... Appellant -vs1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Special Tahsildar (Land Acquisition, Highways), O/o.The Special Tahsildar, Valliyoor, Tirunelveli District.

3.The Project Director, National Highways Authority, Door No.14, Travellers Bungalow Road, Kamaraj Nagar, 1st Street, Valliyoor, Tirunelveli District.

...Respondents

PRAYER: Writ Appeal is filed under Clause 15 of Letters Patents Act, to allow this writ appeal and set aside the order of this Court, dated 16.02.2016 in W.P(MD)No.3260 of 2016.

Prayer in WP(MD). 3260/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondent No.1 to 3 to re-convey the Petitioners acquired land an extent of 21 cents in S.No.1177 5A to an extent of 31 cents at Vishwanathapuram Junction, Levangipuram Village, Radhapuram Taluk, Tirunelveli District to the petitioner within time stipulated by this Honble Court.

For Appellant :

Mr.S.Veeranasamy For R1 & R2 :

Mr.C.Selvaraj Spl. Govt. Pleader For R3 : Mr.Su.Srinivasan ASGI https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of the Court was made by K.KALYANASUNDARAM,J.] Heard Mr.S.Veeranasamy, learned counsel appearing for the appellant, Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents 1 & 2 and Mr.SU.Srinivasan, learned counsel appearing for the third respondent.

2.The request of the appellant for re-transfer of the land was rejected by the Single Judge, by considering the fact that the land is required for smooth alignment of the Road. Hence, we find no merit in the writ appeal.

3.Accordingly, the writ appeal is dismissed with liberty to approach the respondents for enhancement of compensation. If any representation is received, the respondents shall consider the same on merits and in accordance with law. No costs. Sd/- Assistant Registrar(CRL. SIDE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Special Tahsildar (Land Acquisition, Highways), O/o.The Special Tahsildar, Valliyoor, Tirunelveli District.

3.The Project Director, National Highways Authority, Door No.14, Travellers Bungalow Road, Kamaraj Nagar, 1st Street, Valliyoor, Tirunelveli District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 86255 +1cc to Mr.S.V.SRINIVASAN Advocate in SR. No. 85879 AM JS/MR.KKR/SAR.1/29.11.2017/2P-6C W.A(MD) No.656 of 2016 08.11.2017 https://hcservices.ecourts.gov.in/hcservices/