Madras High CourtWP(MD)/17697/2018disposed of

S.Rajaram v. The District Collector

2018-08-24Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2018

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)Nos.17697 and 17698 of 2018 S.Rajaram .. Petitioner in W.P.(MD).No.17697/2018 K.Naina Mohammed .. Petitioner in W.P.(MD).No.17698/2018 Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Special District Revenue Officer, Tamil Nadu Highways Development Project No.II, 14, Hasarath Abdul Salam Salai, Kaja Nagar, Tiruchirapalli.

.. Respondents in both the writ petitions COMMON PRAYER: Writ Petitions have been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the first respondent to consider the application of the petitioners dated 04.06.2018 and 29.06.2018 respectively and refer the same to the competent Court for determination of just compensation under Section 20 of the Tamil Nadu State Highways Act, 2001 within a stipulated time. For Petitioner in both the petitions : Mr.H.Arumugam For respondents in both the petitions : Mr.A.Thiyagarajan, Government Advocate COMMON ORDER Both the writ petitions have been filed by the petitioners seeking for a direction to the first respondent to refer the application submitted by the petitioners to the competent Court for determination of just compensation.

https://hcservices.ecourts.gov.in/hcservices/ 2.As the issue involved in both the writ petitions are one and the same, they are heard together and disposed of by way of

this common order.

3.The case of the petitioners are that the petitioners land were acquired by the second respondent for expansion of State Highway road, for which the second respondent has given only a meagre amount as compensation and therefore, the petitioners have sent applications dated 04.06.2018 and 29.06.2018 respectively to the first respondent seeking for reference to the Court under Section 20 of the Tamil Nadu Highways Act, 2001. The grievance of the petitioners is that though the first respondent has received the said applications, till date he has not referred the same to the competent Court for determination of just compensation and therefore, they have come up with these writ petitions for the aforesaid prayer.

4. When the matter came up for hearing today, the learned Government Advocate appearing for the respondents, on instructions, would submit that both the matters will be referred to the competent Court by the first respondent.

5. In view of the above, the first respondent is directed to consider the applications of the petitioners dated 04.06.2018 and 29.06.2018 respectively and refer the same to the competent Court for determination of just compensation within a period of 15 days from the date of receipt of a copy of this order. 6.Both the Writ Petitions stand disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Special District Revenue Officer, Tamil Nadu Highways Development Project No.II, 14, Hasarath Abdul Salam Salai, Kaja Nagar, Tiruchirapalli.

+1 CC To MR.H.ARUMUGAM, Advocate SR. NO. 80139 +1 CC TO The Special Government Pleader SR.NO. 80254 W.P(MD)Nos.17697 and 17698 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 24.08.2018 TR/RP/SAR-IV(01.10.2018)2P 5C