Rajadurai.C v. The Deputy General Manager (Tech)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.Rajadurai ... Petitioner Vs.

1.The Deputy General Manager (Tech) cum Project Director, Project Implementation Unit, No.314E, K.P.Road, Near Ayyappan Koil, Paravathipuram, Nagercoil - 629 003.

2.The Special District Revenue Officer, Land Acquisition - National Highways, Kanniyakumari District, Nagercoil.

3.The Special Tahsildar, National Highways - 47 Unit-III, Vilavangodu Taluk, Kanniyakumari District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to dispose the enquiry proceedings pending on the file of second respondent in Na.Ka.No.12/2010 and disburse the compensation within a stipulated time.

For Petitioner : Mr.A.Chandrakumar For Respondent : Mr.P.Subbaraj, Counsel for State, for R2 and R3 Mr.Su.Srinivasan, Standing Counsel for R1

O R D E R

The petitioner seeks the expeditious disposal of inquiry proceedings pending on the file of the second respondent in Na.Ka.No.12/2010 in relation to the petitioner's claim for compensation.

2.The petitioner states that the property owned by his family was acquired by the National Highways Department. On 14.08.2019, he had submitted a written representation seeking compensation. On account of the failure to dispose of the same, the petitioner approached this Court by filing W.P(MD).No.22680 of 2019. The said writ petition was disposed of by directing the second respondent to complete the inquiry within a period of twelve weeks from the date 1/3

of receipt of a copy of the order in such writ petition. 3.The petitioner states that the aforesaid order was not complied with and that the office of the respondents was closed on account of the COVID-19 pandemic. The present writ petition is filed seeking the expeditious disposal of such inquiry proceedings. 4.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 2 and 3 and Mr.Su.Srinivasan, learned Standing Counsel, accepts notice on behalf of the first respondent. Both of them submit that the second respondent may be directed to dispose of the inquiry proceedings expeditiously. 5.The COVID-19 pandemic had a large impact on the functioning of both public and private bodies. However, the situation has improved considerably over the last few months. As such, the second respondent would be in a position to conduct and conclude such inquiry in the improved environment.

6.Accordingly, the second respondent herein is directed to dispose of the inquiry proceedings in Na.Ka.No.12/2010 within a period of three months from the date of receipt of a copy of this order by providing a reasonable opportunity to all the parties thereto.

7.W.P(MD).No.14129 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) To:

1. The Deputy General Manager (Tech) cum Project Director, Project Implementation Unit, No.314E, K.P.Road, Near Ayyappan Koil, Paravathipuram, Nagercoil - 629 003.

2. The Special District Revenue Officer, Land Acquisition - National Highways, Kanniyakumari District, Nagercoil.

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3. The Special Tahsildar, National Highways - 47 Unit-III, Vilavangodu Taluk, Kanniyakumari District.

+1 CC to M/s.SU.SRINIVASAN, Advocate ( SR-26295[F] dated 13/08/2021 ) +1 CC to M/s.A.CHANDRA KUMAR, Advocate ( SR-26212[F] dated 13/08/2021 ) +1 CC to M/s.The Special Government Pleader ( SR-26381[F] dated 16/08/2021 ) 12.08.2021 RS (24.08.2021) 3P 7C 3/3