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Madras High CourtWP(MD)/13380/2023dismissed

Selvaraj N v. The Special District Revenue Officer

2023-06-08Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN N.Selvaraj ... Petitioner Vs.

The Special District Revenue Officer, (Land Acquisition Officer) National Highways 209, Dindigul District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 28.03.2023 within the time frame to be fixed by this Court.

For Petitioner :

Mr.R.Saravanan For Respondent :

Ms.D.Farjana Ghousia Special Government Pleader

ORDER

The writ petition has been filed in the nature of a Mandamus seeking a direction to the respondent/ Special District Revenue Officer (Land Acquisition Officer) National Highways 209, Dindigul District, to consider a representation 1/4

given by the petitioner dated 28.03.2023.

2. It is stated by the writ petitioner that he is the owner of the land in survey number 243/1C, at Amarapoondi village, Palani Taluk, Dindigul District, measuring 0.34.96 hectares. He had planted coconut trees, lemon trees and other fruit yielding trees. All the trees, are commercial trees. The respondent had issued a notice seeking to acquire the land in Na.Ka.No. 1179/2022/a3. The lands of the petitioner are also to be acquired. The acquisition is for the purpose of forming a Government by-pass road under the National Highways Act, 1956. The petitioner claims that the trees in his lands should be properly valued and necessary compensation must be given.

3. I am confident that the respondent, while determining the value of the trees, would adhere to the principles as laid down in the Act for valuation of trees and accordingly, the trees would be valued and compensation would be paid. It is stated by the learned special Government Pleader that this process is on going. Let the process be completed and let the value of the trees be determined. If the petitioner is aggrieved, there is always further remedy available in law for the petitioner, to question such valuation of the trees. 2/4

4. This Writ Petition stands disposed of. No costs. 08.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To The Special District Revenue Officer, (Land Acquisition Officer) National Highways 209, Dindigul District.

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C.V.KARTHIKEYAN, J.

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