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Madras High CourtWP(MD)/20314/2017disposed of

R.Thathayan, v. The District Collector Cum

2017-11-03Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)Nos.20314 to 20321 of 2017 WP(MD) No.20314 of 2017 R.Thathayan ... Petitioner M.Planichamy

...Petitioner in W.P(MD)20315 of 2017

P.Nachimuthu

...Petitioner in W.P(MD)20316 of 2017

S.Nandagopal

...Petitioner in W.P(MD)20317 of 2017

A.Koraisha Begum

...Petitioner in W.P(MD)20318 of 2017

G.Nithiyandham

...Petitioner in W.P(MD)20319 of 2017

S.Murugesan

...Petitioner in W.P(MD)20320 of 2017

R.Murugathal

...Petitioner in W.P(MD)20321 of 2017

Vs.

1.The District Collector cum Arbitrator, 2.The District Revenue Officer cum Authorised Competent Authority, National Highways 209, 3.The Special Tahsildar (Land Acquisition), N.H.No.209, Oddanchathiram Dindigul District.

4.The Project Director, National Highways 209, ... Respondents COMMON PRAYER in WP(MD) No.20314 to 20321 of 2017: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to dispose of the Respective petitioner's representation dated 17.12.2014, 23.1.2015, 23.01.2015 20.01.2016, 20.01.2016, 01.02.2016, 12.02.2016 and 12.02.2016 respectively for payment of enhanced compensation as per Section 3-G(5) of National Highways Act to the petitioner within the

time stipulated time.

In all cases For Petitioners : Mr.P.Mahendran For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader COMMON ORDER These writ petitions have been filed by the petitioners, seeking to direct the first respondent to dispose of their representations dated 17.12.2014, 23.01.2015, 20.01.2016, 01.02.2016, 12.02.2016, for payment of enhanced compensation as per Section 3-G(5) of the National Highways Act, 1956 to the petitioners.

2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 4. By consent, all the writ petitions are taken up for final disposal at the stage of admission itself.

3. The case of the petitioners is that since the compensation awarded by the second respondent for acquisition of the petitioners' land for the purpose of National Highways 209, from Dindigul to Bangalore, was very low, the petitioners filed their representations before the first respondent under Section 3-G(5) of the National Highways Act, 1956 and since the same has not been disposed of, the petitioners are before this Court with the above prayer.

4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioners, this Court directs the first respondent to consider the representations dated 17.12.2014, 23.01.2015, 20.01.2016, 01.02.2016, 12.02.2016, filed by the petitioners, for payment of enhanced compensation and pass necessary orders thereon on merits and in accordance with law, if not considered earlier, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, these petitions are disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The District Collector cum Arbitrator, 2.The District Revenue Officer cum Authorised Competent Authority, National Highways 209, Dindigul.

3.The Special Tahsildar (Land Acquisition), N.H.No.209, Oddanchathiram Dindigul District.

4.The Project Director, National Highways 209, +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 85371 +1cc to Mr.P.MAHENDRAN Advocate in SR. No. 85333 RM JS/KP/SAR.1/17.11.2017/3P-7C W.P.(MD)Nos.20314 to 20321 of 2017 03.11.2017